Patna High Court
Ameeraka Devi vs The State Of Bihar Through Director ... on 4 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18435 of 2022
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Ameeraka Devi W/o Late Yadunath Kuwar R/o Village- Berwa, P.S.- Gaighat,
District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Director General of Police (Welfare Budget
Appeal) Bihar, Patna.
2. Inspector General of Police Bihar, Patna.
3. Deputy Inspector General of Police, Saran Range, Chapra.
4. Deputy Inspector General of Police, Darbhanga Range, Darbhanga.
5. Superintendent of Police Rail, Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma
For the Respondent/s : Mr. Md. N.H. Khan (SC 1)
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 04-01-2024
Heard Mr. Shiv Shankar Sharma, learned counsel
appearing on behalf of the petitioner and Mr. Md. N. H. Khan,
learned Standing Counsel -1 for the State.
2. The short facts, which led to the filing of the
present writ petition are that the petitioner's husband namely,
Late Yadunath Kuwar was appointed as Constable under the
Railway Superintendent of Police, Muzffarpur on
compassionate ground on 01.03.1983 on account of death of his
brother namely, Baidyanath Kunwar, who died on 01.07.1978,
in an encounter with the dacoits.
3. In fact on account of sudden demise of Baidyanath
Kunwar, on the request made by the family members, who were
Patna High Court CWJC No.18435 of 2022 dt.04-01-2024
2/4
facing starvation, the husband of the petitioner was given
appointment on compassionate ground. After a long period of
time, the wife of late Baidyanath Kunwar filed a petition before
the Director General of Police stating therein that the elder
brother of her late husband was appointed as Constable on the
basis of forged and fabricated educational certificates. On being
found no response, she filed CWJC No. 19836 of 2011, which
application was disposed of vide order dated 01.07.2011 with a
direction to the respondents to decide the representation by
passing a speaking order within a period of two months.
Pursuant to the direction of this Court an enquiry was conducted
and it has been found that the date of birth of the petitioner's
husband was mentioned as 20.05.1951 in the certificate of
Middle School Examination. However, he obtained the
appointment on compassionate ground by furnishing a false
certificate of IXth Class, mentioning his date of birth as
20.10.1956
, which is entered in the service book.
4. Taking note of the aforesaid enquiry report, the
petitioner was put to departmental proceeding which resulted
into compulsory retirement with a further direction that the
husband of the petitioner had obtained his appointment on the
basis of forged educational certificate and he ought to have
Patna High Court CWJC No.18435 of 2022 dt.04-01-2024
superannuated on 31.05.2011. Thus, a decision has also been
taken to recover the salary amount paid to him for the period
01.06.2011 to 31.01.2015. The order of the disciplinary
authority issued under the signature of Superintendent of Police,
Saran as contained in Memo No. 385 dated 03.01.2015 has been
brought on record by way of Annexure C to the counter affidavit
filed on behalf of the respondent No. 5.
5. It is further submitted on behalf of the petitioner
that pursuant to the order of the disciplinary authority an FIR
bearing Town P.S. Case No. 127 of 2015 was also instituted
against the petitioner's husband. While the proceeding was
going on, in connection with the aforenoted criminal case, in the
meantime, the husband of the petitioner died on 11.03.2022 and,
thus, the criminal trial abated on account of his death. It is the
case of the petitioner that thereafter she filed several
representations before the higher authority but till date the
admissible retiral dues after deducting excess payment has not
been accorded to her.
6. At this stage, learned Standing Counsel-1
submitted that since the very appointment of the petitioner was
based on forged and fabricated educational certificate, apart
from concealment of date of birth as also the appointment being
Patna High Court CWJC No.18435 of 2022 dt.04-01-2024
illegal and void ab initio, thus in such circumstances no benefit
could be granted to her.
7. Considering the submissions made on behalf of the
parties and taking note of the final order passed by the
disciplinary authority in the departmental proceeding, wherein
specific direction was given that the admissible compulsory
retiral benefits and other dues shall be made after disposal of the
criminal trial, which has now already been abated on account of
death of the erstwhile employee. In such view of the matter, this
Court directs the respondent No. 5 to consider the representation
of the petitioner in the light of the fact that the criminal trial has
already abated on account of death of the erstwhile employee,
and shall pass an order on the representation filed by the
petitioner ensuring payment of admissible compulsory retiral/
terminal dues of the petitioner's husband found payable,
preferably within a period of eight weeks from the date of
receipt/production of a copy of this order.
8. The writ petition accordingly stands disposed of.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 09.01.2024
Transmission Date
