PARMAR KIRITKUMAR DINESHBHAI Vs. DISTRICT PRIMARY EDUCATION OFFICER

JUDGEMENT

(1.) The petitioner, by this petition, has challenged the order dated 8.1.2008 Annexure L, whereby the service of the petitioner has been terminated and he has been called upon to pay the amount of Rs.4,60,000/-. The petitioner has also consequently prayed for reinstatement in service.

(2.) The short facts of the case are that the petitioner was appointed as Vidhya Sahayak in Jamnagar District on 30.4.2004 and the petitioner thereafter joined the duty on 12.6.2004 at Chokhanda Primary School, Taluka Bhanvad, District Jamnagar. On 28.11.2004, the then Head Teacher of the School, Shri Dadhaniya Kaushikkumar Keshavlal was transferred to other School and, therefore, the petitioner was given charge of Head Teacher. On 24.8.2007, a criminal conspiracy was hatched, whereby two cheques were stolen from the chequebook and the bearer cheque of Rs.4,60,000/- was drawn in the name of Ramanlal Prajapati and forged signature of the petitioner was made over the said cheque. When the petitioner came to know about the same, the petitioner filed complaint on 18.9.2007 vide I Page C.R. No.50/2007 with Bhanvad Police Station and Bhanvad Police Station undertook the investigation of the matter. When the investigation was on, without giving any opportunity of hearing, the impugned order came to be passed on 8.1.2008 by the respondents, whereby the services of the petitioner as Vidhya Sahayak was terminated and he was called upon to pay the amount of Rs.4,60,000/-, which was the subject of the aforesaid offence. It is under these circumstances, the present petition before this Court.

(3.) We have heard Mr.Pujara, learned Counsel appearing for the petitioner and Ms.Hathi, learned Counsel for the respondent.