PRABHUNATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) I.A. No. 2352 of 2009 has been filed challenging the fresh order dated 13.1.2009 passed during the pendency of the application, cancelling the appointment of the petitioner and denying salary for the period that he had worked on the premise that he obtained the appointment on forged educational q ualifications.

(2.) After hearing the counsel for the parties the Interlocutory application is allowed and the petitioner is permitted to assail the impugned order dated 13.1.2009.

(3.) The petitioner was appointed by the erstwhile Managing Committee of the Chandra Nayan Balika Uch Vidyalaya in 1981. He joined duties in December, 1981 itself. This school was taken over by the State Government on 12.2.1986. It is stated that the screening Committee examined the case of the petitioner and approved the take over of his services, as recorded in Memo No. 855 dated 10.10.1991. Payment of salary commenced from 1.1.1989. Revised salary was also paid to the petitioner. The payment of his salary stopped on or about the beginning of the year 1992. The petitioner has stated in paragraph-9 of the application that on making enquiry he learnt that the local M.L.A., one Hazari Singh, had raised issues of the appointment of the petitioner and of the veracity of his qualifications. This led to an enquiry with regard to his certificates obtained from the Prabhu Narayn Singh Degree College under the Gorakhpur University, U.P. from where he had obtained the same. The University, under the signature of the Vice-Chancellor by communication dated 26.8.1991 confirmed that the petitioner had obtained his qualification of B.Ed. in 1980 from Sri Prabhu Narayan Singh Degree College, Ramnagar, Varanasi under the Gorakhpur University in the second division. That this certification was being issued by the Vice-Chancellor after examining it from the records of the University. This should have been sufficient to prove the claim of the petitioner. But, because the petitioner was being hounded by a person with political prowess, which the petitioner was unable to counter, a fresh query was made from the University. This time the Vice-Chancellor on 11.11.1991 stated that the Institution from where the petitioner passed, had no connection with the University. The Vice-Chancellor himself then did a somersault and on 13.3.1992 reiterated his earlier letter dated 26.8.1991 that from the record of the University, the certificates of the petitioner were genuine.