Patna High Court
Mritunjay Kumar Gupta vs The State Of Bihar And Ors on 16 January, 2024
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9509 of 2015
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Mritunjay Kumar Gupta S/o Sri Nand Kishore Gupta Resident of Village
Ratanpur, P.S. Bariarpur, District Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, HRD, Govt. of Bihar,
Patna.
2. Rajendra Agriculture University, Bihar Pusa, Distt Samastipur through its
Registrar.
3. The Vice Chancellor, Rajendra Agriculture University, Bihar, Pusa, Distt
Samastipur.
4. Director, Administration, Rajendra Agriculture University, Bihar, Pusa, Distt
Samastipur.
5. Honorary Director, Comprehensive Cost of Cultivation Scheme, Deptt of
Agriculture Economics , Rajendra Agriculture University, Pusa, Distt.
Samastipur.
6. Incharge officer (Appointment), Rajendra Agriculture University, Pusa, Distt
Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate
For the Respondent/s : Mr. Nadeem Seraj, GP-20
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 16-01-2024
1. Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application
praying for quashing of letter bearing Memo no.534 dated
22.5.2015
issued under the signature of the Director,
Administration, Rajendra Agriculture University, Bihar, Pusa,
District Samastipur whereby the petitioner was terminated from
service while working on the post of Field Man and for other
reliefs.
Patna High Court CWJC No.9509 of 2015 dt.16-01-2024
3. The case of the petitioner in brief is that pursuant to
an advertisement dated 27.7.2011 issued by the Rajendra
Agriculture University (hereinafter referred to as 'the
University'), the petitioner was appointed on the post of Field
Man on temporary basis in the pay scale of Rs.3,050/ to 4,590/.
The qualification required for the said post was that the
applicant should be I.Sc./I.Sc.(Ag.) with one year experience as
Data Collector. Having participated in the written test followed
by the interview, the petitioner was successfully appointed on
6.5.2014. Further case of the petitioner is that he was
performing his duty to the best of his ability and to the
satisfaction of the authority concerned. The petitioner received a
letter dated 20.2.2015 from the University stating therein that in
course of verification of the experience certificate submitted by
the petitioner, it transpired that the said experience certificate
had not been issued by the company concerned. As such, the
petitioner was asked to show cause within a period of 15 days as
to why his appointment on the post of Field Man be not
cancelled. The petitioner filed his reply which has been brought
on record as Annexure-12 to the writ petition. He stated therein
that his experience certificate has been issued by Messina Beej
Bhandar, Samastipur where he had worked. The said Messina
Patna High Court CWJC No.9509 of 2015 dt.16-01-2024
Beej Bhandar was not only involved in arranging and
distribution of seeds from Messina Beej Private Limited but also
from other distributors of seeds. The petitioner stated that on
enquiry, it has transpired that the Messina Beej Bhandar where
he was working and has gained experience is no longer present
and the Manager has shifted elsewhere, a place not known to the
petitioner.
4. Learned counsel for the petitioner submitted that the
categorical assertion of the petitioner in the writ application was
that the experience certificate was issued by Messina Beej
Bhandar, Samastipur and not Messina Beej Private Limited
where the respondents have got their so called verification done
with respect to the experience certificate of the petitioner. Thus,
the order terminating the service of the petitioner as Field Man
on the basis of the enquiry done by the respondents from a place
other than where the petitioner worked and obtained the
experience certificate is not sustainable and the same be set
aside.
5. Learned counsel for the respondents submitted that
in Advertisement no.1 of 2011, the essential eligibility for
appointment as a Field Man was that besides the candidate
being an I.Sc./I.Sc.(Ag.) the candidate should also have one year
Patna High Court CWJC No.9509 of 2015 dt.16-01-2024
experience of Data Collection. The Selection Committee
constituted by the University had recommended the name of the
petitioner for the purpose of Field Man on the basis of the
experience certificate produced by him. It was subsequently on
verification that in course of enquiry, it transpired that the
Messina Beej Bhandar who had purportedly issued the
experience certificate in favour of the petitioner was not to be
found and was traceless. This fact having been accepted by the
petitioner, shows that the certificate of experience produced by
him is fake and fabricated.
6. Having heard learned counsel for the parties and
having perused the material on record, it transpires that one of
the essential conditions for appointment on the post of Field
Man was that besides being I.Sc./I.Sc.(Ag.), the
candidate/applicant should also have an experience of one year
of Data Collection. It is also not in dispute that by way of
experience in data collection, the petitioner produced before the
respondents a certificate which has been brought on record as
Annexure-11 to the writ application issued by Messina Beej
Bhandar, Samastipur. It is on verification of this certificate that
the respondents state that the same was found to be forged
which led to termination of the petitioner from the post of Field
Patna High Court CWJC No.9509 of 2015 dt.16-01-2024
Man.
7. On perusal of the order of termination dated
22.5.2015, impugned herein, it would show that for verification,
a letter no.762 dated 12.12.2014 was written to Messina Beej
Bhandar in reply to which a letter dated 19.12.2014 was
received from M/s Messina Beej Private Limited, Tajpur Road,
Samastipur to the effect that they had not issued the experience
certificate to the petitioner.
8. So far as the non-issuance of certificate by the
company in question is concerned, it is the categorical case of
the petitioner that he had worked and had been issued the
experience certificate from Messina Beej Bhandar, Samastipur
and not Messina Beej Private Limited, Tajpur Road, Samastipur.
The letter being referred to by the respondents in their so called
verification is a letter received by them from M/s Messina Beej
Private Limited, Tajpur Road, Samastipur and not the place
from where the petitioner claims to have worked and gained
experience. There is no reply with respect to the same by the
respondents. Further, on perusal of the order of termination
dated 22.5.2015, it transpires that while on one hand the
respondents based their order on the reply received from the
company concerned to the effect that no experience certificate
Patna High Court CWJC No.9509 of 2015 dt.16-01-2024
was issued in favour of the petitioner, at the same time, in
paragraph nos.10 and 15 of the counter affidavit filed on behalf
of the University, the contention is that the Messina Beej
Bhandar where the petitioner worked and of which the
petitioner produced the experience certificate is not in existence,
is traceless and its whereabouts is not known. The respondents
cannot be permitted to blow hot and cold at the same time. In
case, the existence of the company where the petitioner claims
to have obtained experience is doubtful and the same is
traceless, the order impugned cannot be based on a reply
received from the same 'traceless' company, nor can it be based
on reply from another company which bears the same first
name.
9. For the aforesaid reasons, the Court finds substance
in the submission made by the learned counsel for the petitioner
that the order of termination as contained in Memo no.534 dated
22.5.2015 (Annexure-13) issued under the signature of the
Director, Administration, Rajendra Agriculture University,
Bihar, Pusa, Samastipur is not sustainable and is accordingly set
aside.
10. The petitioner will be entitled for the arrears of
salary/allowances for the period that he was illegally restrained
Patna High Court CWJC No.9509 of 2015 dt.16-01-2024
from working. This order will not come in way of respondent-
University in making a fresh enquiry against the petitioner with
respect to his experience certificate.
11. The application stands allowed to the above extent.
(Partha Sarthy, J)
Saurabh/-
AFR/NAFR
CAV DATE
Uploading Date 16.01.2024
Transmission Date
