Shiv Shankar Ram vs The State Of Bihar
2023 Latest Caselaw 5037 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.9055 of 2015
     ======================================================

Shiv Shankar Ram son of Sri Pudina Lal Ram Resident of Village PUSA Bazar, P.S. Pusa, District Samastipur.

... ... Petitioner/s Versus

1. The State of Bihar through Agriculture Production Commissioner, Department of Agriculture, Government of Bihar, Patna.

2. Dr. Rajendra Prasad Central Agricultural University, Pusa, Samastipur through its Vice-Chancellor in place of The Rajendra Agriculture University, Pusa, Samastipur through its Vice Chancellor.

3. The Vice-Chancellor, Dr. Rajendra Prasad Central Agricultural University, Pusa, Samastipur in place of Vice Chancellor, Rajendra Agriculture University, Pusa, Samastipur.

4. The Registrar Dr. Rajendra Prasad Central Agricultural University, Pusa, Samastipur in place of The Registrar, Rajendra Agriculture University, Pusa, Samastipur.

5. The Director Administration, Dr. Rajendra Prasad Central Agricultural University, Pusa, Samastipur in place of The Director Administration, Rajendra Agriculture University, Pusa, Samastipur.

6. The Officer In-charge, Comprehensive Cost of Cultivation Scheme, Dr. Rajendra Prasad Central Agricultural University. Pusa, Samastipur in place of The Officer In-charge, Comprehensive Cost of Cultivation Scheme, Rajendra Agriculture University, Pusa, Samastipur.

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

For the Petitioner/s : Mr. Arjun Kumar, Advocate For the University : Mr. Chandra Mohan Singh, Advocate (Respondent nos.2 to 6) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT Date : 04-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application

praying for setting aside the order contained in memo no.203

dated 22.5.2015 (Annexure-11) issued by the Director

Administration, Rajendra Agriculture University whereby the Patna High Court CWJC No.9055 of 2015 dt.04-10-2023

petitioner was terminated from the post of Field Man to which

he was appointed under the Comprehensive Cost of Cultivation

Scheme.

3. It is the case of the petitioner that pursuant to the

Advertisement no.1 dated 27.7.2011 published by the Rajendra

Agriculture University, Pusa, the petitioner applied for the post

of Field Man and having successfully qualified in the interview

conducted, was appointed. As directed he underwent necessary

training and assumed charge at Koderma.

4. The petitioner was surprised to be served with a

show cause notice vide letter no.199 dated 20.2.2015 stating

therein that the experience certificate produced by the petitioner

which was shown to have been issued by M/s Pusa Beej,

Mahmada, Samastipur has been found to be forged and thus the

petitioner was asked to reply as to why he be not terminated

from service. The petitioner submitted his reply, however the

respondent-University without going into the merits of the show

cause terminated the petitioner vide order dated 22.5.2015,

which is impugned in the instant application.

5. Learned counsel for the petitioner submits that the

certificate of experience produced by him dated 15.8.2008 has

been brought on record at page no.26 to the writ application Patna High Court CWJC No.9055 of 2015 dt.04-10-2023

which clearly shows him having worked at the Pusa Beej

Bhandar Centre from 10.5.2007 to 15.8.2008. With respect to

the letter received on verification being made by the

respondents from the same centre and which is at page no.36 to

the writ application, learned counsel for the petitioner submits

that it appears to be some mistake having been committed by

the said centre. As such learned counsel for the petitioner

submits that the respondents have committed an error in not

getting the experience certificate of the petitioner properly

verified, the order is not sustainable and thus the same be set

aside.

6. Learned counsel appearing for the respondent nos.2

to 6 referring to the counter affidavit filed on behalf of the

respondents submits that the advertisement in question was

published for 45 posts of Field Man. The advertisement

contained the eligibility for making application which clearly

stipulated that besides I.Sc or I.Sc (Agriculture), the applicant

should have one year experience in data collection. Learned

counsel submits that this was an essential qualification for

which the petitioner submitted the certificate dated 15.8.2008 (at

page no.26). On complaint having been received by the

Government, verification of the certificates was started and on Patna High Court CWJC No.9055 of 2015 dt.04-10-2023

verification, it transpired that the certificate produced by the

petitioner was forged and it had not been issued by the centre,

issuance from which was claimed by the petitioner. The

petitioner having used the forged certificate in getting

appointment, a show cause notice was issued to him to submit

his reply. On receipt of the petitioner's reply and considering the

statements therein, the order of termination dated 22.5.2015

(Annexure-11) was passed. There is no illegality in the said

order, there is no merit in the writ application and the same be

dismissed.

7. Having heard learned counsel for the parties and

taking into consideration the material on record, the facts not in

dispute are that the eligibility required for making an application

for the post of Field Man as contained in the advertisement at

Annexure-1 required one year experience certificate in data

collection. It is also not in dispute that the certificate dated

15.8.2008 was furnished by the petitioner which on verification

has been found not to have been issued by M/s Pusa Beej,

Mahmada, Samastipur contrary to the claim of the petitioner.

8. The experience certificate, furnished by the

petitioner having been found to be forged, it further transpires

that a show cause notice and an opportunity to explain his stand Patna High Court CWJC No.9055 of 2015 dt.04-10-2023

was given to the petitioner and having considered the

petitioner's reply, the respondents have passed the order of

termination dated 22.5.2015 which is impugned herein.

9. The Court finds no error in the order of termination

dated 22.5.2015, no merit in the writ application and the same is

dismissed.

(Partha Sarthy, J)

Shiv/-

AFR/NAFR
CAV DATE                N/A
Uploading Date          06.10.2023
Transmission Date       N/A