OM PRAKASH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by Petitioner Om Prakash Sharma assailing order dated 22.03.1995 by which Petitioner was removed from service by way of penalty.

(2.) Factual matrix of case is that Petitioner was appointed on post of Teacher Gr.III vide order dated 30.12.1972; he was confirmed in that post by order dated 01.01.1978. While serving Respondents, Petitioner acquired qualification of BA in 1985 and also B. Ed. in 1990 with prior permission of his employer. According to Petitioner, although at the time when Petitioner was initially appointed, training was not requisite condition for such appointment and even untrained persons could be appointed. Nevertheless Petitioner produced copy of his certificate of BSTC after his appointment. Petitioner was promoted to the post of Teacher Gr.II on 14.12.1993 in view of subsequent acquired eligibility and also passed training of scout master guide captain on 03.11.1977. Various certificates showing appreciation of Petitioner's service have been placed on record. It is contended by Petitioner that his brother's daughter Mamta was murdered by one Narottam Sharma, resident of his village; a criminal case was registered against him on 09.09.1992 in which Petitioner was cited as an eye witness. Narottam Sharma and his family members made false complaint against Petitioner that he had secured appointment on the post of Teacher Gr.III by producing forged mark-sheet of BSTC. Respondent No. 3 Deputy Director, Education Department, Jaipur Zone, Jaipur directed one Shri Anant Mohan Kasliwal, Principal of Government Senior Secondary School, Bandikui, to hold preliminary enquiry in the matter. Petitioner was then transferred from village Abhaneri to Shyamsinghpura. Petitioner submitted a representation to Registrar, Office of Education Department, Bikaner, on 29.12.1992 requesting therein for providing duplicate copy of mark-sheet of BSTC after depositing prescribed fee for obtaining same. Enquiry officer wrote a letter to Petitioner on 27.01.1994 asking to appear before him. Petitioner appeared before enquiry officer on 01.02.1994. He made an application to Deputy Director on 25.02.1994 requesting to give him further time to place duplicate mark-sheet of BSTC. He then made a detailed representation to District Education Officer on 26.09.1994 contending that the enquiry officer Shri Anant Mohan Kasliwal was in collusion with Narottam Sharma, whose uncle Shyam Lal Sharma was Lecturer in same school where Shri Kasliwal was working as Principal. Petitioner appeared before Shri Kasliwal on 15.01.1994 but by the time he reached his office, he had already left the office. The enquiry officer gave him written order to appear before him on 23.01.1994. Petitioner appeared in his office and stayed there from 10.00 AM till 5.00 PM but he did not turn up. Petitioner was then placed under suspension by order of District Education Officer, Elementary Education, Dausa, dated 08.07.1994, in exercise of his powers under Section 13 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. Petitioner submitted representation to the Deputy Director, Jaipur Zone, Jaipur, on 11.11.1994 contending that he had already produced relevant documents before enquiry officer and gave him aforesaid copies on 26.02.1994 and also produced same before the Deputy Director on 19.03.1994. He therefore prayed that matter may be closed. It was in that context that he made a request to the Deputy Director on 08.03.1995 that he may be provided two months time to produce duplicate copy. The Deputy Director by letter dated 13.03.1995 gave notice to Petitioner that he was granted last opportunity to produce original mark-sheet and for that purpose he was required to appear before him on 20.03.1995 in the Senior Secondary School, Kothyari, District Sikar, or else matter shall be decided ex-parte against him.

(3.) It is contended that Petitioner on that day fell sick and was not in a position to move. A telegram was sent by him to Deputy Director expressing his inability to appear and requested for fixing any another date. Petitioner produced on record copy of said telegram and copy of medical prescription given by Medical Officer of Sardar Patel Dispensary, Jaipur and sickness certificate also. It is thereafter that Deputy Director passed impugned order dated 22.03.1995 removing Petitioner from service. Hence this writ petition.