RAMADHAR SINGH Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) HEARD .

(2.) PETITIONERS case is that he was appointed after due selection and he joined his post on 11.7.1990. After eight years, the department dismissed him from service on the alleged ground of impersonation. By letter dated 15.12.1998 ( Annexure -3) he was asked to produce certain documents. He could not produce the receipt of application, admit card mark -sheet and letter of recommendation issued by the Board (Bihar Subordinate Service Selection Board), though he produced letter of interview and the letter of appointment. It is submitted that usually the said documents such as receipt, admit card, mark sheet, recommendation letter and envelopes are not preserved and accordingly they could not be produced by the petitioner. Thereafter, the impugned action was taken on the ground that the photographs affixed in the application form filed before the Board and the photo graph of the person working, were different. It is submitted that changes in the photograph is bound to happen in a span of ten years. It is further submitted that provisions of article 311 of the Constitution of India was not followed, before removing petitioner.

(3.) IN this writ petition, this Court cannot decide the aforesaid disputed questions of fact. The only thing which can be seen is whether petitioner was given opportunity to prove his case?