Pramod Kumar Singh vs The State Of Bihar And Ors
2023 Latest Caselaw 2943 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.3204 of 2011
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1.1. Nirmala Kumari, Wife of late Pramod Kumar, Resident of Mohalla- New Bahadurpur Road No. 13B, Marwari Colony, Sampatchak, Patna Rajendra Nagar, P.S. Bahadurpur, District- Patna.

1.2. Kumar Rahul, Son of late Pramod Kumar, Resident of Mohalla- New Bahadurpur Road No. 13B, Marwari Colony, Sampatchak, Patna Rajendra Nagar, P.S. Bahadurpur, District- Patna.

1.3. Kumar Mritunjay, Son of late Pramod Kumar, Resident of Mohalla- New Bahadurpur Road No. 13B, Marwari Colony, Sampatchak, Patna Rajendra Nagar, P.S. Bahadurpur, District- Patna.

... ... Petitioner/s Versus

1. The State Of Bihar through its Chief Secretary, Government of Bihar, Old Secretariat, Bihar, Patna

2. Principal Secretary, Department Of Genral Administration, Government Of Bihar, Old Secretariat, Patna

3. Under Secretary, Department Of General Administration, Government Of Bihar, Old Secretariat, Bihar, Patna

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Kaushik, Advocate

For the Respondent/s : Mr. P.K. Shahi, Learned Advocate General Mr. P.K. Verma, AAG 5 Mr. Saroj Kumar Sharma, Advocate Mr. Sanjay Ghosharvey, AC to AAG 3

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT

Date : 12-07-2023

Pursuant to earlier order dated 05.07.2023, Mr. B.

Rajendra, Principal Secretary, Department of General

Administration, Government of Bihar, Patna is present in the

Court.

Patna High Court CWJC No.3204 of 2011 dt.12-07-2023

2. In the instant writ petition, deceased - Pramod

Kumar Singh (for short referred as 'deceased Officer') had prayed

for the following relief:

"That this writ application is being

filed for quashing the order dated 30.1.2011

(vide Annexure - 21) whereunder and wherein

the petitioner has been dismissed from his

service by the Under Secretary, Department of

General Administration, Government of Bihar

(Respondent No. 3)."

3. The deceased Officer was initially appointed as

Assistant Registrar, Co-operative Society through competitive

selection in the 23rd Combined Competitive Examination

conducted by the Bihar Public Service Commission (hereinafter

referred to as "BPSC") in the year 1976. While he was in service

he had applied for the 26th Combined Competitive Examination

and selected as a Deputy Collector in the year 1979. The deceased

Officer was selected under the Scheduled Caste category.

4. In this backdrop, for the first time, the official

respondent noticed that the deceased Officer who had submitted

caste certificate to obtain appointment to the post of Assistant

Registrar, Co-operative Society had furnished alleged fake caste

certificate with reference to the fact that deceased Officer's father Patna High Court CWJC No.3204 of 2011 dt.12-07-2023

was a Brahmin and mother was of Scheduled Caste. In this regard,

parallel proceedings have been initiated. In the year 1998 F.I.R.

was registered whereas on 29.03.2007 charge memo was issued on

a departmental inquiry. The alleged allegations in a departmental

inquiry is that the deceased Officer had furnished forged caste

certificate of Scheduled Caste in the backdrop of the fact that the

deceased Officer's father was a Brahmin and mother was of

Scheduled Caste. The inquiry was concluded in imposition of

penalty of dismissal from service on 30.01.2011. It is to be noted

that dismissal from service is one day before his attaining age of

superannuation from service if he was in service.

5. Learned counsel for the petitioners - legal heirs of

deceased Officer submitted that during pendency of the litigation

the Officer has died on 05.09.2018, thereafter, the present matter is

persuaded by the legal heirs of the deceased Officer.

6. Learned counsel for the petitioners submitted that

production of fake or forged Scheduled Caste certificate furnished

by deceased Officer has not been proved in the departmental

inquiry and in the manner known to the law what has been proved

is only to the extent that official respondent had demanded

production of caste certificate of the deceased Officer for

verification on 12.05.2005. The deceased Officer was not in Patna High Court CWJC No.3204 of 2011 dt.12-07-2023

possession of caste certificate issued in the year 1976 with

reference to his initial appointment to the post of Assistant

Registrar, Co-operative Society.

7. It is further submitted that custodian of the selection

records are BPSC and the appointing authority to the deceased

Officer. In the event of non-availability of caste certificate of the

deceased Officer issued in the year 1976, the framing of charge

that the deceased Officer produced fake or forged caste certificate

is not tenable. It is also submitted that to hold that caste certificate

is fake, evidence has not been adduced except the fact that the

deceased Officer's father was a Brahmin and mother was

Scheduled Caste. It is also submitted that the initiation of inquiry

was in the year 2007 whereas the order of dismissal was just one

day before his retirement i.e. on 30.01.2011. In this regard, learned

counsel for the petitioners submitted that imposition of penalty of

dismissal from service is with reference to the proved charge that

the deceased Officer failed to produce second caste certificate as

and when official respondent demanded.

8. Per contra, learned counsel for the respondents -

State resisted the aforesaid contentions and submitted that it is

undisputed fact that the deceased Officer's father was a Brahmin

and mother was of Scheduled Caste which suffice that the Patna High Court CWJC No.3204 of 2011 dt.12-07-2023

deceased Officer was not entitled to Scheduled Caste certificate.

Therefore, there is no infirmity in imposition of penalty of

dismissal from service.

9. Heard learned counsels for the respective parties.

10. Perusal of the records, it is to be noted that framing

of charge itself is in the absence of original caste certificate

produced at the time of appointment. In order to prove that

deceased Officer had produced a fake caste certificate in the year

1976, the same is required to be placed and marked in the

departmental inquiry before Inquiring Officer to prove that the

caste certificate was fake or forged. That apart, caste certificate

produced by the petitioner in the year 1976 has not been cancelled

by competent authority in the manner known to the law. It is to be

noted that when caste certificate issued in the year 1976 is not

available, in such an event question of proving the fake or forged

caste certificate produced by the petitioner is highly impracticable.

11. What has been proved in the departmental inquiry is

that the deceased Officer failed to produce caste certificate as and

when demanded by official respondents on 12.05.2005. The

official respondents are custodian of the records relating to

selection and appointment of the deceased Officer with reference

to the year 1976 to the post of Assistant Registrar, Co-operative Patna High Court CWJC No.3204 of 2011 dt.12-07-2023

Society read with Deputy Collector post in the year 1979. In such

an event, the official respondents cannot demand caste certificate

issued in the year 1976 as it was seized by the BPSC or appointing

authority. In this regard, it is fairly submitted on behalf of official

respondents that they do not have records relating to selection and

appointment to the post of Assistant Registrar, Co-operative

Society and Deputy Collector in the year 1976 and year 1979

respectively.

12. Taking note of the dates and events, it was bounden

duty of the selecting and appointing authority to keep the original

records submitted by the respective selected and appointed

candidates. That apart, it is noticed that for the first time question

of alleged fake or forged certificate produced by the deceased

Officer was raised in the month of December, 1998 and, thereafter,

official respondents have taken nine years to initiate departmental

inquiry in framing of charges on 29.03.2007 and further for

conclusion they have taken four long years.

13. Further, it is noticed that foundation material like

caste certificate furnished by the petitioner at the time of initial

appointment to the post of Assistant Registrar, Co-operative

Society and second appointment to the post of Deputy Collector in

the year 1979, they were in possession with official respondent. Patna High Court CWJC No.3204 of 2011 dt.12-07-2023

When they are custodian of those records, it is not appropriate to

demand caste certificate in the year 2005 after a lapse of more than

two decades with reference to his initial appointment in the year

1976 and year 1979. Criminal proceedings is stated to be quashed

in a judicial proceedings.

14. Having regard to the fact that deceased Officer was

dismissed on 30.01.2011 read with the fact that if he was in service

he would have attained age of superannuation and retired from

service on 31.01.2011 and further, during pendency of the present

petition he had died on 05.09.2018, therefore, it is not a case for

remand so as to examine whether the deceased Officer has

furnished alleged fake certificate at the time of appointment with

reference to various judicial pronouncements on the subject of

production of alleged fake certificate, which is required to be

examined in the light of Apex Court decisions relating to

constitution of committee and other issues.

15. Accordingly, order dated 30.01.2011 (Annexure - 21)

stands set aside.

16. The concerned official respondent or appointing

authority to the deceased Officer is hereby directed to extend all

service and monetary benefits of the deceased Officer to his legal

heirs/nominee. The concerned officer is hereby directed to re-fix Patna High Court CWJC No.3204 of 2011 dt.12-07-2023

his pay, grant time to time increments including revision of pay

and re-fix his pay and pension and release all monetary benefits

within a period of eight weeks from the date of receipt of copy of

this order, failing which the petitioners-legal heirs of the deceased

Officer are entitled to litigation cost and it is quantified @ Rs. 1

lakh.

(P. B. Bajanthri, J)

GAURAV S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          14.07.2023
Transmission Date       NA