CHHABILDAS PUNDALIK SHIRSATH Vs. ZILLA PARISHAD DHULE

JUDGEMENT

(1.) The present Second Appeal has been fled against concurrent fnding of both the Courts below by the appellants who are original defendants in the suit. The suit was for a recovery of amount of Rs.2,94,688.00 towards illegal salary and allowances received by the defendant (appellant herein).

(2.) The appellant was appointed as a Primary Teacher by appointment letter issued by the respondents letter dtd. 29/9/1997. As per the terms and conditions of the appointment letter Condition No. 9 states that, if the information furnished by the employee to the employer is found incorrect or false his services will be terminated forthwith. The appellant worked with the respondents for a period from 3/10/1997 till 13/8/2001. The services of the appellant was terminated from 13/8/2001.

(3.) The Director of Maharashtra State Examination Board, Pune had intimated to the respondents certifcate of passing of D.Ed. furnished by the appellant is fabricated. Therefore, the services of the appellant was terminated. Challenge to the same was made by the appellant till the High Court. The proceedings of the High Court were also dismissed. A suit was thereafter lodged by the respondents for recovery of the illegal salary received by the appellant. After leading evidence both oral and documentary, the trial Court allowed the suit and directed that the sum of Rs.2,94,688.00 be recovered from the present appellant.