RAJKISHOR TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Re: M.J.C. No. 2436 of 2017

(2.) We have heard learned counsel for the appellant after having restored the appeal in M.J.C. No. 2436 of 2017. Challenge raised in this appeal is to the order dated 8th April, 2015 passed by a learned Single Judge of this Court dismissing the writ petition being C.W.J.C. No. 9394 of 2008 filed by the appellant challenging the order dated 17.02.2008 whereby his appointment as Secretary in a Gram Kachahari was cancelled. It is the said order dated 17th February, 2008 which has been assailed contending, that in order to cancel the appointment of the appellant, a judicial proceeding was instituted which was impermissible in law. Learned counsel contends that the procedure adopted for cancellation being a nullity and being without jurisdiction, the learned Single Judge committed an error by proceeding to decide the case on the inferences drawn without delving into the issue of the validity of the order on the ground aforesaid. He therefore submits that the impugned judgment of the learned Single Judge as well as the order dated 17.02.2008 deserve to be quashed.

(3.) Replying to the said submissions, learned Standing Counsel submits that the order of cancellation ultimately cannot be faulted with keeping in view the fact that the appellant had utilized a certificate for gaining employment which was false and misleading. To the contrary he succeeded in getting appointment in spite of the fact that he was ineligible being debarred on account of being 41 years of age. Learned Standing Counsel submits that this finding of fact which has been recorded in the order dated 17th February, 2008 having been not dislodged by any cogent material, there was no occasion for any interference with the order dated 17th February, 2008 and consequently this appeal also deserves to be dismissed.