BINOD KUMAR UPADHYAY Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2011-3-460
HIGH COURT OF JHARKHAND
Decided on March 29,2011

Binod Kumar Upadhyay Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

J.C.S. Rawat, J. - (1.) PURSUANT to order dated 01.8.07 passed by this Court, the Respondent authorities have filed a Supplementary Counter Affidavit stating therein that Annexure - 1 Series are forged and such letter has not been issued by the office of the deponent on the alleged date. On the other hand, the Petitioner has filed the series of Annexure -1 along with the writ petition by which he claims that the Petitioner has been working in the institution. He had also filed the copy of the notification published in the newspapers and the copy of which has been annexed as annexure 3 and 4 along with the affidavit. Thereafter, the Headmaster of the Institution, one of the employers of the Petitioner, has written to the District Education Officer, Garhwa, in which, he has admitted that the Petitioner had been working in the institution. The learned Counsel for the State has not disputed this fact. The Headmaster has also written certain other facts in his communication to the higher authority.
(2.) UNDER the circumstances, it would be just and proper to direct Respondent No. 6 to go into the entire matter and after going through the matter he will submit a report and pass an order whether the Petitioner had been working in the institution or not? The Deputy Commissioner, Garhwa while passing the order will consider the entire documents/records called for as well as the evidences, which is necessary for the determination of the matter. If there is latches and irregularities, he will also point out in its report to this Court. Respondent No. 6, the Deputy Commissioner, Garhwa will file its personal affidavit along with the copy of order and the report in compliance of the Court's order within four weeks after receipt of this order and post this matter thereafter.
(3.) LET a copy of this order be given to the learned Counsel for Respondent No. 6.;


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