SRIMAN NARAYAN TIWARI v. The Union of India through the Defense Secretary, Govt. of India, New Delhi
CR. WJC/719/2023 · 2025-04-15
Sandeep Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31322 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31322 (PAT) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.719 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Buxar ====================================================== Sriman Narayan Tiwari S/O Amar Tiwari, R/O village- Bairi, P.S- Itarhi, Distt.- Buxar, Bihar. ... ... Petitioner Versus
1. The Union of India through the Defense Secretary, Govt. of India, New Delhi New Delhi. 2. The Chief of Army Staff Sena Bhawan, New Delhi-110001. 3. The Commandant Bengal Engineering Group, Roorki Roorki, Uttarakhand,
247667. 4. The Colonel Records, Bengal Engineering Group, Roorki. Roorki, Uttarakhand,247667
5. The Competent Officer, Military Engineering Services (MES), Indian Army, Jabalpur Jabalpur, Madhya Pradesh, 482011. 6. The Executive Engineer/Garrison Engineer (East) Military Engineering Services (MES), Indian Army Jabalpur, Madhya Pradesh, 482011. 7. The State of Bihar through the additional Chief Secretary, Home, Govt. of Bihar Bihar
8. The Additional Chief Secretary, Education, Govt. of Bihar Bihar
9. The Director General of Police, Bihar Bihar
10. The Inspector General of Police, Central Range Bihar
11. The Deputy Inspector General of Police, Shahabad Range, Dihri on Sone, Dihri, Rohtas Dihri on sone, Dihri, Rohtas. 12. The District Magistrate, Buxar Buxar, Bihar. 13. The Superintendent of Police, Buxar Buxar, Bihar. 14. The Bihar School Examination Board, through its chairman Budh Marg, Patna-1
15. The Secretary, Bihar School Examination Board Budh Marg, Patna-1
16. The District Education Officer, Buxar. Buxar, Bihar. 17. Sri Pramod Kumar Mishra, The In-charge Head Master, Plus 2 High School, Itarhi R/O Itarhi, P.o-Itarhi, Distt.- Buxar, Bihar. 18. The In-Charge Head Master, Nav Jyoti High School, Kukudha, Buxar Kukudha, Buxar, Bihar. ... ... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate For the Respondent/s : Mr. K.N. Singh, Addl. S.G.
Mr. Iqbal Asif Niazi, A.C. to G.P.-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
Patna High Court CR.
WJC No.719 of 2023(2) dt.15-04-2025 2/3 2 15-04-2025 By way of this criminal writ application, the petitioner has prayed for the following reliefs :-
“(i) To issue an appropriate writ, order or direction for instituting a high level Inquiry into the forgery, fraud and criminal misconduct committed by one Brij Mohan Tiwari son of Jagdish Tiwari, Resident of village-Bairi, Post-Mahdah, P.S. Itarhi Dist-Buxar, Bihar in his Matriculation Certificate and obtaining a job in Army by making fraudulent entry in the certificate with respect to his Date of Birth by changing the same from 05.01.1970 tο
20.06.1974. (ii) To issue further appropriate writ, order or direction
to
take
suitable
punitive Departmental/criminal action against Brij Mohan Tiwari son of Jagdish Tiwari, Resident of village- Bairi, Post-Mahdah, P.S.- Itarhi Dist-Buxar, Bihar with respect to the misconduct committed by him in his Matriculation certificate with ulterior motive and evil design in order to cheat the Government agency and obtain a Government job that too in Indian Army. (iii) To issue further appropriate writ, order or direction for taking appropriate and suitable Departmental action against the Respondent In- charge Headmaster of +2 High School, Itarhi for not supplying the necessary details about the wrong doers and for becoming an accomplice in the crime in question. (iv) This Hon'ble Court may adjudicate and hold that in the facts of the case the Respondent In-charge Headmaster of +2 High School, Itarhi was duty
Patna High Court CR.
WJC No.719 of 2023(2) dt.15-04-2025 3/3 bound to provide the necessary details with respect to the Registration No. Roll Code No. Roll No. and other details with respect to Brij Mohan Tiwari son of Jagalish Tiwari, Resident of village- Bairi, Post-Mahdah, P.S-Itarhi Dist-Buxar, Bihar (v) This Hon'ble Court may further adjudicate and hold that in view of the nature of serious misconduct committed by the Brij Mohan Tiwari son of Jagdish Tiwari, Resident of village-Bairi, Post-Mahdah, P.S.- Itarhi Dist-Buxar, Bihar in the matter of making forgery in his Matriculation certificate with respect to his age, it was the duty of the Respondent Authorities to hold an enquiry and immediately take appropriate action against the wrong doers. (vi) This Hon'ble Court may further adjudicate and hold that in action on the part of Respondent Authorities in the instant matter even after repeated complain by the petitioner is an act of malafide and illegal and arbitrary exercise of the Authority.”
2. The petitioner has a private dispute with respondent no.17 and in my opinion, this criminal writ petition is not maintainable at the instance of the petitioner. Accordingly, this criminal writ application is dismissed. pawan/- (Sandeep Kumar, J) U T