JYOTSHNABEN N PATEL Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) THE petitioner has prayed to quash and set aside second part of order dated 3rd November 1988 asking the petitioner to deposit the amount of salary received by the petitioner in lieu of her services during the service period from 24. 2. 1984 to 5. 11. 1988.

(2.) AFTER undergoing written test and interview the petitioner was appointed as teacher in the respondent No. 4 school. After probation her services were regularized as Primary Teacher from 28. 2. 1986. The petitioner was transferred from one school to another and she served all the transferred places. On 29. 1. 1988 the DEO asked the petitioner for production of original documents which she has produced. Thereafter the petitioner was suspended on 27. 4. 1988 and during suspension period she was paid subsistence allowance as per applicable rules. The allegation against the petitioner was that the petitioner has changed figures of marks in the mark-sheet at the time of recruitment and she has fraudulently secured the job. Ultimately her services were terminated with effect from 5. 11. 1988 and she was directed to deposit the amount of salary received during service period. Hence the petitioner has filed the present petition.

(3.) LEARNED Advocate for the petitioner submitted that the impugned order is illegal, arbitrary and unjust and the same has been passed without affording any opportunity of hearing. According to the petitioner since she was confirmed in service the respondent authority ought not to have recovered the amount in question.