REHAN AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant intra Court Appeal has been filed by the appellant-respondent no. 4 under Rule 5 of Chapter VIII of Allahabad High Court Rules (Rules of the Court, 1952), against the judgment and order dtd. 7/11/2023 passed in Civil Misc. Writ-A No. 11817 of 2023 (Committee of Management Madarsa Sayeedul-Uloom (Behka) Post Office Puramufti, District- Allahabad through its Manager and another versus State of U.P. and others), by means of which the Hon'ble Single Judge partly allowed the writ petition filed by the Committee of Management, Madarsa Sayeedul-Uloom (Behka) Post Office Puramufti, District- Allahabad through its Manager Mohd. Ishaq (hereinafter referred to as 'Committee of Management').

(2.) Facts that are culled out from the pleadings and the material available on record before this Court that the appellant herein was appointed as Assistant teacher in Tahtaniya (Class 1 to 5) in the Madarsa Sayeedul-Uloom (Behka) Post Office Puramufti, District- Allahabad (hereinafter referred to as 'Madarsa') on 25/3/2005, based upon his eligibility for the post i.e. the 'Hafiz Certificate' said to have been issued in the year 1992 by the Madarsa Islahul Muslemeen, Alipurjeeta, District Kaushambi, as claimed by the appellant. It has not been disputed by the contesting parties in the present case that the appellant has been working as an Assistant Teacher in the Madarsa (respondent no. 4) since the date of his appointment.

(3.) The District Minority Welfare Officer, Prayagraj vide letter dtd. 22/2/2022 directed the Madarsa concerned to furnish a report as desired by the Registrar, U.P. Board of Madarsa Education, Lucknow vide his letter dtd. 14/2/2022 in respect of the teachers appointed on the basis of the 'Hafiz Certificate' that from which institution the said certificate was issued and about the issuing authority, for its onward transmission to the Registrar (respondent no.2). During the said process, the appellant herein was required to provide the aforesaid 'Hafiz Certificate' in original but he failed to produce the same. The contention of the learned counsel for the Committee of Management (respondent no.4) is that upon verification from the Madarsa Islahul Muslemeen, Alipurjeeta, District Kaushambi (respondent no.6) from where the appellant claimed to have obtained the 'Hafiz Certificate', but the said Madarsa (respondent no.6) denied the issuance of the said 'Hafiz certificate'. As a consequence of the same, the Committee of Management of the Madarsa (respondent no. 4) initiated disciplinary proceedings against the appellant. Accordingly the appellant was placed under suspension and a show cause notice was issued, to which he duly replied and since the reply filed by the appellant was not found to be satisfactory, a Charge-Sheet dtd. 5/8/2022 was issued by the Committee of Management (respondent no.4). The appellant submitted his reply to the said charge-sheet on 29/8/2022 and thereafter, the Enquiry Officer submitted his enquiry report on 6/9/2022 holding therein that the appellant could not prove the genuineness of the 'Hafiz Certificate'. On the basis of the said enquiry report, a resolution by the Committee of Management (respondent no.4) is stated to have been passed on 17/9/2022 for the dispensation of the services of the appellant and consequently the order of dismissal from service was communicated to the appellant on 21/9/2022.