- (1.) Heard Shri Prateek Sinha, learned counsel holding brief of Sri A.N. Sinha, for the petitioner and Shri Mata Prasad, learned Addl. Chief Standing Counsel for the respondents and perused the material on record as well as the original record produced by Shri Mata Prasad.
(2.) This writ petition was initially filed seeking a direction to the respondents to reinstate him on his original post of Ward Boy. Subsequently by way of amendment a further relief of quashing of the order dated 16.10.1986 with the further prayer for reinstatement with full back wage with 10% interest was claimed. Briefly stated the case of the petitioner is that he was appointed as Ward Boy on 28.8.1986. In paragraph 2 of the writ petition, it is stated that the appointment was for a short term and petitioner was again appointed and asked to continue on the post of Ward Boy through letter No. 9363-86-87, copy of which has been filed as Annexure-1 to the writ petition. However, by the impugned order dated 16.10.1986 his services were terminated on the ground that he had obtained appointment in service through a forged and fabricated order of appointment. An F.I.R. was lodged under section 420, 468 read with 140 I.P.C. The criminal Case No. 2264 of 1993 was initiated but the same came to be dismissed on 2.11.1994 and the petitioner was acquitted of all the charges. After his acquittal he is stated to have met the respondents in 1994 with the request that he may be reinstated in service on his original post of Ward Boy but no action was taken. Hence the present writ petition.
(3.) A counter affidavit has been filed by the respondents and in the counter affidavit the case of the respondents is that the petitioner had obtained appointment in service by forging the signature of the Director, Family Welfare and State Family Welfare, Bureau. Initially the appointment letter was issued to the petitioner by the Chief Medical Officer, Ghazipur presuming that the same was issued from the office of the Director, Family Welfare and State Family Welfare Bureau but when the papers were sent to the said office it was discovered that no such appointment letter has been issued from that office and it was a forged and fabricated document. It was on this ground that the F.I.R. was lodged against the petitioner. A supplementary counter affidavit has been filed in which it has been stated that the alleged letter of appointment bearing no. Pa.Ka./Niyukti Chaturth Shreni/3/86-87/9363-6 dated 2.8.1986 was never issued from the office of the Director Family Welfare and State Family Welfare Office, Lucknow. On this alleged letter being forwarded to the Director, Family Welfare, the matter was examined and it was found that no such letter had been issued from the said office. A rejoinder affidavit has been filed by the petitioner wherein it has been stated that the registered cover from the office of the Director, Family Welfare was issued on 2.8.1986, copy of which was also sent to the Chief Medical Officer, Ghaziapur to get the joining report of the petitioner. Annexure-1 to the writ petition which is stated to be the letter of appointment of the petitioner mentions letter no. as 9363-6. The letter further discloses that such appointment is purely temporary and could be terminated at any point of time without notice. This clearly shows that the appointment of the petitioner was never made on a permanent basis or against any substantive vacancy.;