KIRAN OJHA Vs. STATE OF CHHATTISGHARH

JUDGEMENT

(1.) This batch of writ petitions concerns challenge to the order dated 22.10.2010 passed by Janpad Panchayat, Sitapur, District Surguja, whereby the petitioners have been restrained from functioning as Shiksha Karmi Grade-III, as their appointments and consequent joining were found to be based on forged appointment letters. In some of the writ petitions, the respective counsel have raised arguments based on their own facts, therefore, the said writ petitions would be dealt with separately. Janpad Panchayat, Sitapu issued an advertisement on 3.6.2007 for filling up 30 posts of Shiksha Karmi Grade-III. The applications received in pursuance of the said advertisement were dealt with and the persons appeared in the examination conducted by Chhattisgarh Vyavasayik Pariksha Mandal (for short 'VYAPAM'). For the concerned Janpad Panchayat select lists of different category were issued vide Annexure-R/2 and thereafter, 30 appointment letters to the selected candidates were issued on 3.9.2007 vide Annexure-R/3.

(2.) The petitioners along with large number of other Shiksha Karmi Grade-Ill joined at their respective schools after they were relieved by the Janpad Panchayat on or about 12.6.2009, as prior to that they were allegedly working in the office of the Janpad Panchayat. On receiving complaint, an enquiry team consisting of 4 members including one IAS Officer and 2 Sub Divisional Officers (Revenue) was constituted by the Zila Panchayat, Sarguja on 3.8.2009 vide Annexure-R/6. The enquiry team found huge irregularities in the appointment inasmuch as most of the petitioners had never appeared in the examination conducted by the VYAPAM and did not participate in the counseling, yet they were allowed to join on or after 12th June, 2009 in their respective schools. When the affected candidates including the petitioners were directed to submit affidavit in course of enquiry and for that a press release was issued, they preferred Writ Petition (S) No. 5592/2009, which was decided along with other connected matters on 6.4.2010 (Annexure-R/10). This Court quashed the press release, however, liberty was reserved in favour of the respondent authorities to take appropriate steps after affording proper opportunity of hearing to the petitioners. Pursuant to the said order, the Janpad Panchayat issued notice to the affected candidates vide Annexure-R/11 dated 9.8.2010 for presenting their cases in course of scrutiny of their cases. A sample copy of notice has been annexed as Annexure-R/12. About 82 candidates appeared in the enquiry and after recording statements of each of the candidates, who appeared in the enquiry, a detailed report dated 27.9.2010 (Annexure-R/15) was submitted wherein the appointments were found to be forged.

(3.) It has been urged by learned counsel for the petitioners that they joined in the concerned school and thereafter they were sent for training and some of them have been paid salary, therefore, it cannot be said that the appointments were forged. According to them, the enquiry committee has not conducted enquiry or scrutiny in accordance with law, therefore, the impugned order passed by the Janpad Panchayat, Sitapur deserves to be set aside.