Patna High Court
Rakesh Kumar Chaudhary vs The State Of Bihar on 20 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1204 of 2025
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Rakesh Kumar Chaudhary Son of Late Jitendra Choudhary Resident of
Mohalla- Arpana Bank Colony, Phase-2, Ram Jaipal Road, Police Station-
Rupaspur, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary,, General
Administration Department, Govt. of Bihar, Patna.
2. The Divisional Commissioner, Patna Division, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kundan Kumar Sinha
For the Respondent/s : Ms. Shweta Anand
AC to GP-13
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CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL
ORAL JUDGMENT
Date : 20-06-2025
1. This petition has been preferred by the
petitioner being aggrieved with the order dated 13.12.2024
whereby the services of the petitioner has been terminated on
the ground that at the time of appointment, he submitted his
false documents regarding his passing of Class-VIII
examination.
2. The brief facts of the case is that father of the
petitioner was working on the post of Assistant in Section
Office, in the office of Divisional Commissioner, Patna
Division, Patna, who died in harness on 08.04.2023. The
petitioner, being his son, applied for his appointment on
Patna High Court CWJC No.1204 of 2025 dt.20-06-2025
compassionate ground as Class-IV employee, which has been
allowed by the respondents on 06.08.2024 vide Annexure-P/2.
Subsequently, vide impugned order dated 13.12.2024, services
of the petitioner has been terminated on the ground that at the
time of submission of his application for his appointment, he
submitted one transfer certificate wherein it has been mentioned
that he has passed the Class-VIII examination and was found
pass.
3. Heard learned counsel appearing for the parties
and perused the documents annexed with the petition as well as
the affidavit and the supplementary counter filed by the
respondents.
4. Undisputedly, the petitioner has applied for the
post of Class-IV employee on compassionate ground. Perusal of
the Annexure-R/D annexed with the counter affidavit shows that
the respondents himself admitted the fact that the petitioner at
the time of his appointment on compassionate ground to the post
of Class-IV employee was not required to pass examination of
Class-VIII, meaning thereby, petitioner was not required to pass
Class-VIII examination at the time of his appointment to the
post of Class-IV employee.
5. The transfer certificate, which has been annexed
Patna High Court CWJC No.1204 of 2025 dt.20-06-2025
by the petitioner with his application form, has been placed on
record by the respondents wherein the date of issuance of
certificate is mentioned as 10.08.2011. Perusal of Annexure-P/1,
further shows that the petitioner in his show cause mentioning
the fact that the certificate which has been annexed by him is
obtained by his father, without verifying the genuineness and
correctness of the said certificate, he submitted the same along
with his application.
6. In the case of Avtar Singh Versus Union of
India & Others reported in 2016(8) SCC 471 dealing with the
issue the Hon'ble Supreme Court in paragraph 38.10 observed
which reads thus:
"38.10. For determining suppression or
false information attestation/
verification form has to be specific, not
vague. Only such information which
was required to be specifically
mentioned has to be disclosed. If
information not asked for but is
relevant comes to knowledge of the
employer the same can be considered in
an objective manner while addressing
the question of fitness. However, in
such cases action cannot be taken on
basis of suppression or submitting false
information as to a fact which was not
even asked for."
7. Taking into consideration the fact that the
Patna High Court CWJC No.1204 of 2025 dt.20-06-2025
petitioner himself mentioned the fact that the said certificate is
obtained by his father and without verifying its genuineness and
correctness he submitted the same and further taking into
consideration the fact that for appointment of the petitioner on
compassionate ground for the post of Class-IV, there was no
necessity of his passing of Class-VIII examination. The mistake
committed by the petitioner appears to be bona fide and not a
mala fide and therefore, it can be condoned.
8. Accordingly, the petition is allowed. The
impugned order dated 13.12.2024 (Annexure-P/1) is set aside.
9. The respondents are directed to reinstate the
services of the petitioner forthwith with all consequential
benefits and pass necessary orders in accordance with relevant
rules and law.
(Arvind Singh Chandel , J)
shailendra/-
AFR/NAFR NA
CAV DATE NA
Uploading Date 26.06.2025
Transmission Date NA
