SUPREME COURT OF INDIA

Before:- S. Rajendra Babu and K.G. Balakrishnan, JJ.

Civil Appeal No. 2493 of 2001 (Arising out of SLP(C) No. 8719/2000). D/d. 30.3.2001.

Anil Kumar Srivastava - Appellant

Versus

Addl. Dir. Med. Health & Family Welfare & Ors. - Respondents

Termination of service - Junior clerk on temporary basis - Not allowed to work because his appointment letter was itself purported to be a forged document - Whether it is forged or not had to be inquired into - Pleaded that matter had already been inquired into by concerned police and document had been found to be genuine - Order set aside and matter remitted for fresh consideration.

[Para 2]

ORDER

1. Leave granted.

2. The appellant had been appointed as a Junior Clerk on temporary basis and his services were terminated without notice. Thereafter, when he was not allowed to work, he filed a writ petition before the High Court and the High Court by an order made on 26.7.1999 dismissed the writ petition. It is pointed out that the appellant had been informed that he was not allowed to work because his appointment letter was itself purported to be a forged document. Whether it is so or not had to be inquired into and the matter could have been thrashed out and it is pleaded on behalf of the appellant that the matter has already been inquired into by the concerned police and the document has been found to be genuine. This aspect need not be inquired into by us and it would be appropriate for us to set aside the order made by High Court which has been confirmed by the Division Bench and remit the C.M.W.P. No. 11396/1999 into its original number for fresh consideration in accordance with law and in the light of the order made by us. The appeal is allowed accordingly.

3. It would be appropriate for the High Court to dispose of the matter as expeditiously as possible preferably within a period of six months from today.

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