Patna High Court
Pintu Kumar vs The State Of Bihar on 8 January, 2024
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16863 of 2019
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Pintu Kumar S/o Indradeo Singh R/o Vill. and P.o.- Bhadura, P.S.- Bharagpur,
Distt.- Munger, Pin-811211
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department, Govt.
of Bihar, Patna
2. The Director General of Police cum I.G. of Police Bihar, Patna
3. The D.I.G. of Police Muzaffarpur
4. The S. P. Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ranjit Jha, Adv.
For the Respondent/s : Mr. Shio Shankar Prasad (SC-8)
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 08-01-2024
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed to direct
the concerned respondent to accept the re-joining of the
petitioner after released on bail and for grant of all
consequential benefits in the light of his joining on the post of
Constable in Gopalganj district Police Force in response to the
appointment letter issued vide Memo No. 386/CSBC, Patna
dated 02.06.2013 annexed as Annexure-5 and further for
directing the concerned respondent to depute the petitioner on
appropriate place in accordance with Bihar Police Manual as
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well as Bihar Government Servant (Classification, Control and
Appeal) Rules 2005 (hereinafter referred to as "CCA Rules,
2005") of the rules 9 and 10 for the Government employee.
3. Learned counsel for the petitioner submits that
the petitioner was appeared in the examination of CSBC
(Central Selection Board of Constable, Bihar, Patna) in the light
of the advertisement of 2012. Counsel also submits that the
petitioner was appeared in the written test and after the
screening, he was qualified in the merit list and the final
selection list after written test and PET for appointment on the
post of Constable, District- Gopalganj has been published in
which roll number of the petitioner was figured at 3 rd place from
the bottom of the list annexed as Annexure-4. Counsel further
submits that the petitioner received appointment letter issued
vide Memo No. 386/CSBC, Patna dated 02.06.2013 for joining,
but on the basis of allegation of commission of illegal action,
the FIR has been lodged bearing Gopalganj Town P.S. Case No.
217 of 2014 dated 26.05.2014 annexed as Annexure-6 in which
the petitioner was taken into custody and he was enlarged on
bail by the Hon'ble High Court in Cr. Misc. No. 69074 of 2018
dated 30.11.2018 annexed as Annexure-7. Counsel submits that
after releasing on bail, the petitioner submitted his joining in the
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office of Superintendent of Police, Gopalganj on 15.12.2018,
but still, Superintendent of Police, Gopalganj did not go through
the Bihar Police Manual as well as CCA Rules, 2005 and re-
joining of the petitioner could not be accepted by the
Superintendent of Police, Gopalganj. In this regard, counsel
submits that such action made by the respondents is nothing but
gross violation of CCA Rules, 2005 according to which, a
suspension letter has to be issued and then departmental
proceeding has to be initiated under CCA Rules, 2005, and then
only, any action ought to be taken. Counsel for the petitioner
submits that in doing so, there is a gross violation of natural
justice and as such, respondent was directed to accept the
joining of the petitioner and then to take action according to the
Bihar Police Manual and CCA Rules, 2005.
4. Learned counsel for the respondent on the other
hand submits that the petitioner has no case at all. Counsel
submits that on 02.06.2013, the Secretary of the Central
Selection Board of Constable, Bihar, Patna has issued
appointment letter in favour of the petitioner, but upon joining,
when the photograph, weight, height and chest of the petitioner
and other candidates were measured, then it was found that
there is discrepancy/variation in the same and accordingly, a
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criminal case was instituted against this petitioner and two
others under Gopalganj Town P.S. Case No. 217 of 2014 on
26.05.2014
. It has also been stated that Gopalganj Police
District Force pursuant to selection process for recruitment of
candidates by the Constable Selection Board under
advertisement of 2012, total 134 candidates were recommended
for their appointment with their credentials. The District level
Board was constituted to examine the documents of each and
every candidate along with their physical examination and
compare the same with the documents available with their
recommendation. The District Level Board has carried out the
verification of documents between 10.07.2013 to 12.07.2013 by
which the verification of height measurement, chest
measurement, photo, signature verification and other
identification marks of all the candidates with the documents
which was made available by the Central Selection Board and
during scrutiny, it has been found that the District Level Board
detected three candidates including the petitioner have
substantive variation in their credentials. Accordingly, a PSI was
deputed by the answering respondents office on 29.12.2013 to
visit the home address of all three candidates including the
petitioner and upon verification of their photographs and upon
Patna High Court CWJC No.16863 of 2019 dt.08-01-2024
visiting their homes, it was reported that candidates as per the
photographs and the photographs taken during physical running
test are not the same and it has been found that it is a case of
impersonation and this petitioner is not the candidate who was
selected by the Government and he appears to be an imposter
and not the actual candidate who was screened and succeeded in
the selection process.
5. Learned counsel for the State further submits that
the petitioner is not a Government employee as the candidate
who was screened and was declared successful did not join due
to the reason that the petitioner's description and appearance did
not match with the available records. Learned counsel for the
State also mentioned that fraud nullifies everything as the
petitioner has committed fraud in securing appointment by
dubious method. This point has also been taken that the
applicability of Bihar Police Manual and CCA Rules, 2005 is
for the permanent and confirmed employee and not for such
type of candidates whose appointment itself is in question and
he is on probation as well as found to be the imposter. Counsel
for the State conclusively argued that the petitioner has managed
to get the appointment letter and managed to get another
candidate sit for him in the screening and secured appointment
Patna High Court CWJC No.16863 of 2019 dt.08-01-2024
letter by illegal means. In this background, no relief may be
granted to the petitioner.
6. In the light of the submissions made by the
parties, this Court is of the view that till date, the official has
taken action against the petitioner without granting him any
opportunity to defend and taken any decision without granting
any opportunity to defend amounts to violation of natural
justice.
7. In this view of the matter, this Court is directing
to the respondent (Superintendent of Police, Gopalganj) to grant
opportunity to the petitioner and consider all his points which he
shall raise before the Superintendent of Police, Gopalganj
explaining the situation and circumstance under which any
discrepancy relating to his signature, photograph etc. does not
match with the petitioner with his own signature, photograph
etc. which has been presented by him before the authorities at
various level (written test and interview/physical examination
etc.).
8. The petitioner shall file representation within
four weeks from today and all exercise shall be done by the
respondent (Superintendent of Police, Gopalganj) within 90
days from the date of production of the order.
Patna High Court CWJC No.16863 of 2019 dt.08-01-2024
9. It is also made clear that petitioner shall support
in every manner by providing all the documents and filing reply
and if not, Superintendent of Police, Gopalganj is competent to
pass order within 3 months from the date of filing his
representation.
10. With the aforesaid observations, this writ
petition is hereby dismissed.
(Dr. Anshuman, J.)
Divyansh/-
AFR/NAFR
CAV DATE
Uploading Date 11/01/2024
Transmission Date
