ASHOK KUMAR GAUTAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the Petitioner with the following prayer:

(2.) Brief facts of the case are that the Petitioner passed Secondary examination in the year 1976, Higher Secondary Examination in the year 1977 from Board of Secondary Education Ajmer. T.D.C. (Arts) in the year 1980, M.A. (Economics) in the year 1982 and M.A. Political Science in the year 1984 from University of Rajasthan. The Petitioner passed B. Ed. Examination in the year 1986 from Maitheli Vishvavidyapeeth Central University Darbhanga Bihar as a student of Delhi Vishwa Vidyapeeth. In the writ petition the Petitioner given out that the Maitheli University is recognised by the Government of India vide notification dated 20.9.1952 (Annexure-9). An advertisement was issued by Zila Parisha Kota for appointment to the post of Teacher Grade III under the Panchayat Samiti and Zila Parishad Rules, 1959. After receiving the applications the Respondent No. 3 (Zila Parishad Baran) scrutinised the applications and prepared a select list after following the due process of law. The Respondent No. 3 passed order on 7.6.89 (Annexure-14) directing the concerned Panchayat Samities for issuing appointment to the persons selected in the list prepared by it. The Petitioner who was eligible for appointment to the post of Teacher Grade III applied and he received interview letter. In pursuance to interview letter he appeared in the interview on 26.4.88 with all original certificates including B. Ed. Marks sheet and certificate. The name of the Petitioner appeared at No. 62 in the select list. In pursuance to the order dated 7.6.89 of the Respondent No. 3 the Panchayat Samiti Anta passed appointment order on 27.6.1989 wherein name of the Petitioner appeared at S. No. 25, appointing the Petitioner to the post of Teacher Grade III. On 1.7.1989 the Petitioner submitted joining report to Vikash Adhikari Panchayat Samiti Anta. It has been given out in the writ petition that all of a sudden on 8.12.93 (vide Annexure 22) the services of the Petitioner were terminated. In the termination order reason was mentioned that an FIR (No. 247/93) has been lodged in the police station Anta against him and other persons alleging that they have obtained service by fraud and their educational qualifications are fraudulent. The Petitioner stated in the writ petition that final report was filed by the police in the FIR filed only against the Petitioner and the said report was accepted on 27.9.1994 by the Judicial Magistrate. Against rest of the accused persons in the FIR, charge sheet was filed.

(3.) The learned Counsel for the Petitioner contended that the termination order regarding the Petitioner dated 8.12.93 is completely illegal and the police has thoroughly investigated the matter and submitted final report and no offence under Sections 420 and 471 is made out against him. The Petitioner is double M.A. and B. Ed. and has not concealed any fact and submitted all the documents before the concerning authorities. The learned Counsel in these circumstances prayed that the termination order in respect of the Petitioner should be quashed and set aside. The learned Counsel for the Petitioner placed reliance on Manna Lal v. State of Rajasthan D.B. Civil Special Appeal No. 512 of 1995 decided on 20.9.1995, wherein in similar circumstances, the termination order was set aside by the Division Bench.