KUMBHA RAM KHATIK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Kumbha Ram Khatik belonging to the backward class viz. Scheduled Caste preferred this writ petition in this Court on 14.10.2010 aggrieved by the order of dismissal from the services after having served the respondent -AVVNL (earlier RSEB) for a period of almost 38 years having been appointed in the year 1971 as Class IV employee and later on promoted as LDC and then to UDC in the year 1978 and 2000 respectively. His services were terminated on the basis of complaint filed by one Ashok Kumar, who is said to be his relative that the High School certificate of the petitioner from the Central Board of Higher Education, Delhi of the year 1968 is a forged certificate because that Central Board of Higher Education, Delhi was later on found to be derecognized and was a fake Board. On the basis of communication of Central Board of Secondary Education, Delhi, Annex. 11 dtd. 16.5.2005, the respondent -AVVNL appears to have passed the impugned order of dismissal from service vide Annex 9 dtd. 29.5.2009 purportedly holding an ex -parte enquiry in the matter.

(2.) THE learned counsel for the petitioner, Mr. Sukhdeo Sharma urged that the petitioner was not guilty of making any forgery and he had duly passed the High School Examination in the year 1968 from the said Board, which might have been found to be later on de -recognized by the Central Board of Secondary Education vide their press -note dtd. 15.10.1982 as communicated by the Central Board of Secondary Education, Delhi vide Annex. 11 dtd. 16.5.2005 and with his explanation furnished to the Zonal Chief Engineer of the respondent -AVVNL, he had even furnished an explanation from the said Central Board of Higher Education, New Delhi vide Annex. 8 dtd. 28.5.2009, but without considering the same and without holding a proper enquiry in the matter, the respondent -AVVNL has passed the impugned dismissal order at the fag end of his career just to deprive him of his retiral dues and benefits and the petitioner having rendered unblemished services of more than 38 years to the respondent -AVVNL and working in the lower cadres of the said respondent -Authority, merely on the basis of a complaint made by one Ashok Kumar, he was sought to be dismissed from the services for no fault of his.

(3.) HAVING heard the learned counsel for the parties, this Court is of the opinion that the present writ petition deserves to be allowed. The reasons are as follows.