AMBIKA PATRA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. R. Mazumdar, learned counsel for the petitioner as well as Mr. N. Sarma, learned counsel representing all the respondents.

(2.) Petitioner assails the Order dated 26.04.2016 passed under the hand of the Inspector of Schools, DDC, Dhemaji whereby she was dismissed from service in exercise of powers under Rule 7 of the Assam Services (Discipline & Appeal) Rules, 1964 (in short 'the Rules') .

(3.) Facts briefly are that the petitioner was appointed as Assistant Teacher at Paschim Dhemaji Girls' High School on 28.01988. Subsequently, her service was provincialised as Arts Graduate Teacher on 26.01996. Following a First Information Report lodged against her alleging that she had submitted forged academic certificates from Higher Secondary to Graduation for the purpose of obtaining appointment in the School, she was arrested and placed under suspension. The said FIR was registered as Dhemaji P.S. Case No. 138/2008, registered under Sections 420/468 IPC [corresponding to G.R. Case No. 308/2008 (DMJ) ]. Judgment in the G.R. case was delivered on 17.02.2012 by the Court of the Chief Judicial Magistrate, Dhemaji acquitting the petitioner from the charges under Section 420/468 IPC after hot contest. In the said case the prosecution examined as many as 11 witnesses and exhibited 6 documents including 2 certificates in the name of the petitioner marked as Material Ext.1 and 2 respectively. The Court of the Chief Judicial Magistrate, Dhemaji reached a conclusive finding that the prosecution miserably failed to prove the charges brought against the petitioner.