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2017 DIGILAW 794 (JHR)

Deo Narayan Das, son of Late Dhana Das v. State of Jharkhand

2017-05-03

D.N.PATEL, RATNAKER BHENGRA

body2017
ORDER : D.N. Patel, J. I.A. No.5916 of 2016 1. This interlocutory application under Section 5 of the Limitation Act has been filed by the appellant for condonation of delay of 767 days in preferring the instant appeal. 2. Having heard learned counsel and looking to the reasons stated in paragraphs 6, 7 and 8 of the interlocutory application, there are reasonable reasons for condoning the delay in preferring the appeal. 3. Accordingly, I.A. No. 5916 of 2016 is allowed and delay in filing the instant appeal is condoned. L.P.A. No.636 of 2015 4. This Letters Patent Appeal has been preferred by the original petitioner being aggrieved and unsatisfied by the judgment and order delivered by learned Single Judge in W.P.(S) No.645 of 2013 dated 23rd July, 2013, whereby, the petition preferred by this appellant was dismissed and the order of termination dated 22nd December, 2012 passed by the respondents was upheld, because, false and fabricated document was submitted by this appellant of Standard-VIII to get the job as a Class-IV employee, which upon verification was found to be false. 5. Having heard learned counsels for both sides and looking to the facts and circumstances of the case, it appears that this appellant is the original petitioner who obtained the job in the Government of Jharkhand on 09.11.2004 as a Peon by presenting a document of School mark-sheet of Standard-VIII. Later on, verification was made by the respondents State and the said document was found to be false and fabricated. Thereafter, show cause notice was issued on 13th April, 2012, which is Annexure-1 to the Memo of Appeal. Again a show cause notice was given on 17th April, 2012, because the appellant had not given explanation to the first show cause notice and, leisurely this appellant gave reply on 24th April, 2012 (Annexure 3). 6. It further appears from the facts of the case that the said mark-sheet was verified by the concerned School and the School authorities have informed that the said appellant has not cleared from their School. 7. Thus, the document supplied by this appellant (original petitioner) for getting the Class-IV job in the Government of Jharkhand was found to be a false and fabricated document. As such, fraud was played by this appellant. Fraud vitiates all selection process of this appellant. 7. Thus, the document supplied by this appellant (original petitioner) for getting the Class-IV job in the Government of Jharkhand was found to be a false and fabricated document. As such, fraud was played by this appellant. Fraud vitiates all selection process of this appellant. Second show cause notice was also given to this appellant on 29th June, 2012 (Annexure 4) and ultimately the order of dismissal was passed on 22nd December, 2012. 8. No error has been committed by the learned Single Judge in appreciating these facts. Sufficient opportunity of being heard has been given to this appellant. We also see no reason to take any other view than what is taken by the learned Single Judge. The order of termination passed by the respondents, which is dated 22nd December, 2012, is absolutely just, proper, legal and equitable. This appellant cannot be given premium to his fraud and illegality. 9. Hence, this Letters Patent Appeal is dismissed with cost of Rs.20,000/- (Rupees Twenty Thousand). This amount will be deposited by this appellant within eight weeks from today before the Deputy Commissioner, Koderma, which will be utilized in the welfare activities of the State of Jharkhand. If this amount is not deposited by the appellant within the said period, necessary steps as per law will be taken by the State authorities for recovery of the said amount from this appellant.