1986 INSC 0448
                                                 Munji Prasad Singh

                                                           Vs

                                                    State of Bihar

                                          Civil Appeal No. 4504 of 1986

                                            (A. P. Sen, S. Natarajan JJ)

                                                      12.12.1986

                                                        ORDER

1. Special leave granted. Arguments heard.

2. After hearing learned counsel for the parties, we are satisfied that the High Court was in error in
proceeding on the basis that the appellant was one of the persons appointed by Hari Narayan
Thakur, District Superintendent of Education, Dumaka who had issued forged orders of
appointment of teachers without sanction. In fact, the appellant had been appointed by Sita Ram
Karan, the then District Superintendent of Education, Dumaka by his order dated May 5, 1980.
Unfortunately, because of an error which crept in, the name of the appellant was mentioned as
Munshi Prasad Singh instead of Munji Prasad Singh and as a result he was not allowed to join his
post. After the error had been rectified, he was allowed to join his duty on February 3, 1983.

3. Learned counsel appearing for the State Government has drawn our attention to the counter-
affidavit filed by the Deputy Director of Education and very fairly accepts that the services of the
appellant were wrongly terminated by the District Superintendent of Education, Deoghar by order
dated October 16, 1984, pursuant to the letter of the Special Secretary to the Government,
Education Department dated September 13, 1984 addressed to the Regional Deputy Education
Director, Bhagalpur and the District Education Superintendents, Dumaka and Sahebganj conveying
the decision of the government to terminate the services of all persons irregularly appointed as
teachers by the aforesaid Hari Narayan Thakur. Due to the misfortune of the appellant, he was
shown in the enclosed list of 37 persons whose appointment had to be terminated, and he figured at
serial No. 35. In the circumstances, the judgment of the High Court cannot be sustained.

4. Accordingly, the appeal succeeds and is allowed. The judgment and order passed by the High
Court in CWJC No. 288/85 are set aside. The writ petition filed by the appellant is allowed and the
impugned order of termination passed by the District Super-intendent of Education, Deoghar dated
October 16, 1984 is quashed. The appellant shall be reinstated in service with consequential
benefits. No costs.

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