KABIR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned Counsel for the State.

(2.) The petitioner was appointed as an Assistant Teacher in a Government Primary School in the Sheikhpura Block known as Uchya Prathmic Vidyalaya, Kare on 23.2.1972 on the post of Trained Teacher. He continued to impart education to the students of the School and was being paid his salary till the same was suddenly stopped in the year 1999. The petitioner came to this Court in CWJC No. 1228 of 2003 aggrieved by the order of stoppage of his salary when a defence was taken on behalf of the Sate that his appointment was suspected to be fake. A Bench of this Court relying on a Division Bench of this Court held that salary could not be denied unless and until an employee is placed under suspension or fails to respond to notice in a finding of illegality in appointment. It was further noticed that by order of stoppage of salary the persons concerned had been directed to submit their mark sheet, certificate etc. for the purpose of verification. It was, therefore, directed that till end of enquiry salary could not be stopped except where suspension takes place with a liberty that salary be paid subject to the result of the enquiry. The salary or enquiry still remained elusive when the petitioner preferred MJC No. 1228 of 2003 before this Court for noncompliance. It was only after the contempt application was filed that the respondents passed the impugned order dated 14.9.2004 holding that the certificates of the petitioner on the basis of which appointment came to be made was fake and fabricated. As a corollary to the same has followed the second impugned order dated 20.9.2004 that the petitioner was not entitled to arrears of salary or his retiral benefits. The petitioner is stated to have superannuated on 30.6.2004. It is an admitted position, not disputed by the Counsel for the State, that the petitioner continued to discharge duties as Assistant Teacher in the Government School till date of his superannuation notwithstanding the facts noticed above.

(3.) LEARNED Counsel for the petitioner makes a short submission that the determination of his certificate and testimonials being fake in an alleged enquiry has been held behind his back and he has been condemned un -heard. That the order has been passed after his superannuation.