ASHOK KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The challenge in the present writ petition is to the order dated 23.10.2009 (Annexure P-2) passed by the District Education Officer (Elementary Education), Gurdaspur in terms of which the appointment of the petitioner as Teaching Fellow had been cancelled and he had been removed from service. Perusal of the impugned order reveals that the basis of cancellation of the appointment letter is that a district level Enquiry Committee has found that the experience certificate relied upon by the petitioner at the time of his initial appointment has been found to be false/forged.

(2.) Learned counsel for the petitioner has vehemently argued that the Committee has not taken due notice of the documents that were relied upon by the petitioner as regards his experience and the impugned order is in the shape of a cyclostyled order that has been passed in the case of a number of employees. It has been argued that the individual case of the petitioner has not been dealt with.

(3.) Learned counsel further adverts to the advertisement dated 05.09.2007 (Annexure P-1) issued by the State Education Department in response to which the petitioner had applied for the post and wherein, it had been stipulated that the appointments would be made only after 100% enquiry and scrutiny of the documents. It has been argued that the petitioner having been offered appointment to the post of Teaching Fellow and having already served for a period of one year, it was not open for the respondent-authorities to have gone into the question as regards genuineness of the experience certificate. As per counsel exercise of scrutiny of the experience certificate could be undertaken only at the stage of initial recruitment and not at a stage subsequent thereto.