Sanjeev Kumar Suman vs The Union Of India
2021 Latest Caselaw 3984 Patna

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.824 of 2021
     ======================================================

Sanjeev Kumar Suman, aged about 33 years, Gender-Male, S/o Sri Mahesh Prasad Yadav, R/o Village Garhia, Ward No.14, P.O. Govindpur, Via- Pratapganj, District- Supaul.

... ... Petitioner Versus

1. The Union of India through the Chief Post Master General, Bihar Circle Patna.

2. The Post Master General, Northern Region, Muzaffarpur.

3. The Director of Postal Services, Northern Region, Muzaffarpur.

4. The Superintendent of Post Offices, Saharsa Division, Saharsa.

5. The Asstt. Superintendent of Post Offices, Supaul Sub-Division, Supaul.

... ... Respondents ====================================================== with Civil Writ Jurisdiction Case No. 73 of 2021 ====================================================== Keshav Priyaranjan, aged about 29 years, Gender-Male, S/O Sri Arun Priyanranjan, R/o Mohalla- Koshi Road, Ward No. 11, District- Supaul

... ... Petitioner Versus

1. The Union of India through the Chief Postmaster General, Bihar Circle, Patna

2. The Post Master General, Northern Region, Muzaffarpur

3. The Director of Postal Services, Northern Region, Muzaffarpur

4. The Superintendent of Post Offices, Saharsa Division, Saharsa

... ... Respondents ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 824 of 2021) For the Petitioner : Mr. Jitendra Kumar Giri, Advocate For the Respondents : Mr. Rajesh Kumar Verma, A.S.G.

Mr. Manoj Kumar Singh, CGC (In Civil Writ Jurisdiction Case No. 73 of 2021) For the Petitioner : Mr .Jitendra Kumar Giri, Advocate Patna High Court CWJC No.824 of 2021 dt.06-08-2021

For the Respondents : Mr. Rajesh Kumar Verma, A.S.G.

Mr. Rakesh Kumar Sinha, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE VIKASH JAIN)

Date : 06-08-2021

Heard learned counsel for the petitioners and learned

counsel for the respondents through video conference.

2. Learned counsel for the petitioners have filed an

undertaking that all defects pointed out by the stamp reporter shall

be removed, and compliance with the conditions of the notices of

this Court with regard to acceptance of e-filing shall be made,

without delay immediately upon resumption of normal physical

functioning of the Court, and in any event within one month thereof.

3. The writ petition bearing C.W.J.C. No.824 of 2021 has

been filed "for issuance of a writ in the nature of 'Certiorari' whereby

and whereunder setting aside the order dated 25.07.2019 passed by

Central Administrative Tribunal, Patna Bench, Patna comprising of

Hon'ble Mr. Jayesh V. Bhairavia, Member (J) and Hon'ble Mr. Dinesh

Sharma, Member (A) in O.A. No.050/00282/2016, whereby

termination of service of the petitioner vide order dated 04.04.2016

passed by the Assistant Superintendent Post Offices, Supaul Sub

Division, Supaul, has been affirmed. Further prayer of the petitioner is Patna High Court CWJC No.824 of 2021 dt.06-08-2021

for the issuance of the writ in the nature of mandamus whereby and

whereunder commanding and directing the respondent No.4 to allow

the petitioner to resume his office as GDSMC, Jiwachpur in the

account with Pratapganj S.O. and moreover to command and direct

the respondent authorities to make the payment of back

wages/unpaid salary with due interest to the petitioner in

accordance with law".

4. The writ petition bearing C.W.J.C. No.73 of 2021 has

been filed "for issuance of a writ in the nature of 'Certiorari' whereby

and whereunder setting aside the order dated 11.02.2020 passed by

Central Administrative Tribunal, Patna Bench, Patna comprising of

Hon'ble Mr. Jayesh V. Bhairavia, Member (J) and Hon'ble Mr. Dinesh

Sharma, Member (A) in O.A. No.050/00281/2016 whereby

termination order as contains in Memo dated 01.04.2016 issued by

the Superintendent Post Offices, Saharsa Division, Saharsa, has been

affirmed. Further prayer of the petitioner is for the issuance of the

writ in the nature of mandamus whereby and whereunder

commanding and directing the respondent No.4 to allow the

petitioner to resume his office as GDSBPM at Narayanpur Branch

Post Office in the account with Jia Ram Raghopur Sub Post Office and

moreover to command and direct the respondent authorities to make

the payment of back wages/unpaid salary with due interest to the

petitioner in accordance with law".

Patna High Court CWJC No.824 of 2021 dt.06-08-2021

5. The short facts of the case according to the petitioners

are that the petitioner of C.W.J.C. No.824 of 2021 was provisionally

engaged as GDS MC in the year 2014. Similarly, petitioner of C.W.J.C.

No.73 of 2021 was provisionally engaged as GDSBPM by order

dated 27.01.2014 and continued as such until, all of a sudden, they

were served with the impugned termination letters dated

04.04.2016 and 01.04.2016 respectively, whereby aforesaid

engagement was discontinued. The petitioners' engagement had

been made, inter alia, on their having passed the Secondary School

Examination (High School) in the year 2007 from the Board of

Higher Secondary Education, Delhi.

6. Learned counsel for the petitioners submits that the

petitioners had joined their respective posts on the basis of passing

the examination of Board of Higher Secondary Education, Delhi,

which was recognized by the Government of India, Ministry of

Education, New Delhi. He has relied on two decisions of this Court

rendered in CWJC No. 9694 of 2017 and CWJC No. 16278 of 2011,

wherein the termination orders were quashed in view of violation

of principles of natural justice and the petitioners therein were

directed to be reinstated. Learned counsel for the petitioners

submits that in the instant case as well, the termination orders have

been passed without issuance of any show cause notice or grant of

opportunity of hearing.

Patna High Court CWJC No.824 of 2021 dt.06-08-2021

7. Learned counsel for the respondents, on the other

hand, without going into the detailed merits of the matter, invites

reference straightway to two judgments of the Division Bench of

this Court rendered in CWJC No.18812 of 2017 (Pankaj Kumar Vs.

The Union of India and Ors.) and CWJC No. 26 of 2018 (Vivek Kumar

Vs. The Union of India and Ors.), in which it has been observed -

"The core issue is that the so called certificate akin to matriculation obtained by this petitioner from the Board of Higher Secondary Education, New Delhi (a fake organization) can form the basis for begetting employment in the Postal Department. Since this is not an educational institution but a fraudulent organization selling fake certificates, therefore, if this fact is not disputed and the educational qualification of the present petitioner is not a matter of argument then any employment obtained by him on the basis of the said certificate cannot beget him the benefit of continuance in service. The Court will advise the petitioner to acquire knowledge instead of buying knowledge from such institutions.

No interference is warranted with the order of the Tribunal. Writ is dismissed."

8. These matters were carried to the Hon'ble Supreme

Court in Special Leave to Appeal (C) No.4171 of 2019 and analogous

cases, which were disposed of by order dated 27.09.2019 in the

following terms -

"Notice was issued in the matter so that the concerned authorities could put on record the Patna High Court CWJC No.824 of 2021 dt.06-08-2021

circumstances in which communication dated 26.4.2013 was issued and explain the status with regard to "Board of Higher Secondary Education". Affidavits have thereafter been filed on behalf of the concerned authorities which indicates that the concerned "Board of Higher Secondary Education" is not recognized at all; and that the documents appended to the SLPs were not the correct copies of the originals. Nor were those documents existing on the concerned files.

We had therefore, called upon Union of India to publish an advertisement in the newspapers and put in the public domain that the concerned Board was not recognized at all and to warn the entire student community. The advertisement to that effect has been issued and affidavits of compliance have also been filed.

In the circumstances, nothing further need be done in the matter. The special leave petitions are disposed of.

Pending applications, if any, shall also stand disposed of"

9. Having heard the parties and on a consideration of the

materials on record, this Court finds these writ petitions to be

devoid of merit. The Division Bench has clearly observed that the

Board of Higher Secondary Education, New Delhi is a fake and

fraudulent organization selling fake certificates. This finding has not

been interfered with by the Hon'ble Supreme Court. The decisions

of learned Single Judge, relied upon by the petitioners, are, Patna High Court CWJC No.824 of 2021 dt.06-08-2021

therefore, of no avail. So also, remanding the matter in view of

stated violation of natural justice will be an empty formality and

will serve no purpose in the face of the matter having already been

decided by the Hon'ble Supreme Court. The petitioners fairly state

that the status does not appear to have undergone any change

thereafter.

9. In above view of the matter, these writ petitions stand

dismissed.

10. Office shall follow-up to ensure that all defects are

removed and compliance with the notices of this Court are made by

the petitioners within the stipulated time provided in para 2

hereinabvove, failing which the matter shall be brought to the

notice of this Court.

(Vikash Jain, J)

( Anjani Kumar Sharan, J)

V.K.Pandey/-

AFR/NAFR                N.A.F.R.
CAV DATE                N/A.
Uploading Date          09.08.2021
Transmission Date       N/A.