SANJAY DADICH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A challenge has been laid by the petitioner to the impugned order dtd. 11/7/2007 by which he was dismissed from service.

(2.) Invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has filed this petition with the following prayer:-

(3.) Learned counsel for the petitioner submits that the petitioner participated for selection for appointment on the post of Physical Education Teacher Grade-II pursuant to the advertisement issued in the year 1998. Initially, the degree possessed by the petitioner was not considered by the respondents as valid degree for getting appointment on the advertised post. Counsel submits that the petitioner assailed the aforesaid action of the respondents before this Court by way of filing S.B. Civil Writ Petition No. 3023/2004 and the same was allowed by this Court vide order dtd. 18/11/2005 and a specific direction was issued to the respondents to re-assess the merit of the petitioner and take into account the bonus marks of the State level certificate and in case the petitioner is found in merit then consider his case for appointment on the said post. Counsel submits that after passing of the aforesaid order, the documents/sports certificate furnished by the petitioner were duly verified by the respondents and appointment was granted to him vide order dtd. 31/10/2006. Counsel submits that one fine morning i.e. on 14/2/2007, the services of the petitioner were dismissed by the respondents by recording a finding that the sports certificate furnished by the petitioner were found to be forged and fabricated. Counsel submits that a miscellaneous application bearing No.20/07 was submitted by the petitioner before this Court wherein it was observed by this Court that the question of conducting separate enquiry with regard to sports certificates of the petitioner cannot be decided in the miscellaneous application and it was left open for the petitioner to challenge the same separately before this Court. But subsequently the dismissal order dtd. 14/2/2007 was withdrawn by the respondents vide order dtd. 18/5/2007 subject to conducting a separate inquiry against the petitioner. Counsel submits that in the meantime an FIR No. 27/2007 was registered against the petitioner with Police Station Kaithoon pol District Kota for the offence punishable under Ss. 420, 467, 468 and 471 IPC but without issuing any notice and without holding any inquiry under the provisions contained under the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short the Rules of 1958), the respondents have dismissed the service of the petitioner again vide order dtd. 11/7/2007 by holding that the sports certificate of the petitioner were found to be forged and fabricated. Counsel submits that the respondents have dismissed the services of the petitioner on the basis of letters issued by the authority way back in the year 2006. Counsel submits that subsequently in the said criminal case, the petitioner was acquitted from all the charges by the Court of Chief Judicial Magistrate, Kota vide judgment dtd. 26/8/2021. Counsel submits that violating the principles of natural justice, the order impugned has been passed against the petitioner with mala-fide intention. Counsel has placed reliance on the following judgments/orders passed by this Court:-