BHANWAR SINGH Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) Petitioner Bhanwar Singh was initially appointed as Teacher Gr. III on 16.2.1979 by the Panchayat Samiti, Sapotara, District Sawai Madhopur. Later on he was confirmed with effect from the date of his initial appointment vide order dated 18.9.1992. In the year 1987 the petitioner obtained a Degree of B.Ed. from Kanpur University which was submitted by the petitioner for getting one grade increment in his salary. On 31.3.1994 a show cause notice was served on the petitioner stating that the Degree of B.Ed. obtained by him is fake one and as to why action be not taken against him under Rule 7 of the Rajasthan Panchayat Samiti & Zila Parishad Service (Punishment & Appeal) Rules, 1961 (for short 'the Rules of 1961'). The petitioner submitted a reply to the show cause notice on 8.4.1994 contending that the degree of B.Ed. obtained by him is not forged. Without conducted an enquiry as contemplated under Rule 7 of the Rules of 1961, the petitioner's services were terminated by order dated 13.5.1994 with effect from 1.4.1994. Aggrieved by the order dated 13.5.1994 the petitioner has filed this writ petition.

(2.) The petitioner being the confirmed employee, his services could not have been terminated without conducting an enquiry as contemplated under Rule 7 of the Rules of 1961. The record does not indicate that any of the provisions of the Rule 7 of the Rules of 1961 have been followed before terminating the services of the petitioner by order dated 13.5.1994. The order terminating the services without conducting any enquiry and without giving him an opportunity of hearing is perse illegal and liable to be set aside.

(3.) Consequently the order dated 13.5.1994 (Annexure-12) terminating the services of the petitioner is set aside. The respondents are directed to reinstate the petitioner in service within a period of 15 days from the date of placement of a certified copy of this order before the appropriate authority. The petitioner shall be entitled to all the service benefits inclusive of the salary for the period he was kept under the order of termination. It is, however, made dear that the respondents can take appropriate steps if they think fit and proper against the petitioner following the procedure laid down under Rule 7 of the Rules of 1961. Accordingly, the writ petition stands disposed of. Petition Dismissed of.