NAVTEJ KUMAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of present writ petition, the petitioner has challenged an order dtd. 31/7/2021 passed by third respondent, District Basic Education Officer, Ballia whereby services of the petitioner, who is an Assistant Teacher, have been terminated on the ground that he is alleged to have obtained appointment on the basis of forged certificate of freedom fighter 's dependent. By the order impugned, he has also been directed to deposit the salary back, received by him, into the State Exchequer.

(2.) Facts of the case, in brief, are that the petitioner was appointed as an Assistant Teacher in Junior Basic School, Yadav Basti Chibbi, Block Chilkahar, Ballia, under the category of dependents of freedom fighter. DFF He joined his services on 22/10/2020 and since then he has been working on the aforesaid post. During verification of documents, it revealed that dependent certificate of freedom fighters dtd. 4/4/2008 as provided by the petitioner is not available at Sl. No. 1114 in the relevant records of District Magistrate, Ballia - fourth respondent, whereas name of one Harmeet Singh is mentioned at Sl. No. 1114. Thereafter, the third respondent issued a show cause notice to the petitioner on 24/3/2021. The petitioner approached the office of fourth respondent, whereupon he was issued another certificate on 1/4/2021. The peti-tioner appeared before the third respondent and submitted his reply on 6/4/2021 and placed all relevant documents alongwith the certificate issued on 1/4/2021. The third respondent issued another show-cause notice to the pe-titioner on 1/7/2021 asking about the issuance of two certificates for the dependent of freedom fighter issued on 4/4/2008 and 1/4/2021. Pursuant thereto, the petitioner submitted a detailed reply on 24/7/2021, appending all the relevant records including documents of his late grandfather showing that he was a freedom fighter. The third respondent by the order impugned termi-nated the petitioner 's services on the ground that the certificate dtd. 4/4/2008 appears to be forged. Said order is under challenge in the present writ petition.

(3.) Learned counsel for the petitioner submits that the petitioner is the de-pendent of freedom fighter late Shubh Narain Singh. His date of birth is 15/7/1991. He was issued a certificate of dependent of freedom fighter, bearing No. 1114 dtd. 4/4/2008 by the fourth respondent, when he was about sixteen and half years old. An advertisement was issued on 18/1/2021 inviting appli-cations for the posts of Assistant Teachers. The petitioner, being the dependent of freedom fighter, applied under the said category. He appended the certificate issued by the fourth respondent on 4/4/2008 alongwith his application form.