MAHENDRA PAL SINGH Vs. DISTRICT BASIC EDUCATION OFFICER

JUDGEMENT

(1.) -The petitioner was appointed as an Assistant Teacher on 21.2.1992. By an order dated 18.1.2000, communicated to the petitioner on 25.1.2000, the petitioner has been dismissed from service on certain charges. Aggrieved by the said order, the petitioner has filed this writ petition.

(2.) I have heard learned counsel for the petitioner. No one is present on behalf of the respondents even in the revised list. However, counter-affidavit on behalf of the respondents has been filed, which has been perused by me.

(3.) CONSIDERING the facts and circumstances of this case it is absolutely clear that no adequate opportunity of showing cause was given to the petitioner. A notice sent by registered post on 12.1.2000 would, in normal course, be expected to reach in 4-5 days. The said notice had been received by the petitioner on 18.1.2000 itself and immediately thereafter on 19.1.2000 he submitted his reply. The respondents had in the meantime on 18.1.2000 passed the impugned order. The extreme hurry in passing the order itself shows that the respondents had a pre-determined mind to dismiss the petitioner from service. The said action of the respondents is contrary to the principles of equity, fair play and natural justice. From the facts of the case it is absolutely clear that the petitioner was not given adequate opportunity of hearing. Further, even if no reply had been submitted by the petitioner, the order should indicate some reason as to on what basis the B.T.C. Certificate of the petitioner was incorrect. The impugned order has been passed merely on the ground that since no reply has been received, the charges stand proved. There would be a presumption that the B.T.C. Certificate of the petitioner was correct as he had been working on the strength of the said certificate since the year 1992, unless the same was proved to be forged or fabricated on some valid basis. In the absence of any specific finding in this regard, the impugned order deserves to be set aside.