BHANWAR SINGH Vs. ZILA PARISHAD SIROHI

JUDGEMENT

(1.) THE petitioner, in pursuance to the Advertisement No. 1/88, issued by the Panchayat Samiti, Reodar, district Sirohi, inviting application for appointment on the post of III Grade Teachers, applied for the same. The petitioner was selected and was given appointment on the post of III grade Teacher in the Primary School, Kaushithala on a probation for a period of two years. After completing the probation period, as his services were found sationactory, he was confirmed on the post of III Grade Teacher and continued in the service till 22 -4 - 93, when his services were terminated by the Vikas Adhikari, Panchayat Samiti, Sheoganj, on the ground that the Diploma in Teaching and the marks sheet thereof, obtained by the petitioner from Rani Durgwat University, Jabalpur (M.P.) were found forged as the Registrar of that University has infused that neither the marks -sheet nor the Diploma in Teaching was issued by the aforesaid University. The petitioner has challenged this order Annexure. 9 dated 22 -4 -93, by which his services were terminated on the ground that before giving appointment to the petitioner, the Diploma in Teaching as well as the Marks -sheet thereof, were closely scrutinized by the respondents and it ! was only after due verification regarding their genuiness that the petitioner was given appointment and when once the verification of and that of the Diploma in Teaching and that of the Marks -sheet has been judged and the appointment was given to the petitioner then the services of the petitioner could not have been terminated. His further submission is that the order has been passed without giving any opportunity of hearing to the petitioner and as such the termination order Annexure. 9 dated 22 -4 -93, deserves to be quashed and set -aside. Learned Counsel for the respondents, on the other hand, has submitted that an enquiry from Rani Durgawati University, Jabalpur (M.P.) was made and it was informed by the Registrar that University that the Diploma in Teaching and the Marks -sheet thereof, produced by the petitioner for obtaining the appointment, were forged and has not been issued by that University and it was only after due verification from the aforesaid University that the Diploma in Teaching and the Marks -sheet are forged, the services of the petitioner were terminated and as the petitioner obtained the appointment the basis of the aforesaid forged documents, therefore he is not entitled for re -appointment.

(2.) I have considered the submission made by the learned Counsel for the parties.

(3.) THUS , it was only after due verification from the aforesaid University that the services of the petitioner were terminated. Admittedly, no notice was given to the petitioner before terminating his services. The principle of natural justice do require that before taking any action against a person, he should be given an opportunity of hearing and an adverse order can be passed only after hearing him. But in view of the fact that the Diploma in Teaching and the Marks -sheet thereof, on the basis of which the appointment was obtained by the petitioner, were not issued by the aforesaid University and, therefore, the petitioner has no right to remain in service and he has been relieved in pursuance to the order dated 21 -4 -1993, and as such though the termination order is quashed but I do not think it proper, at this stage, to order for the re -employment of the petitioner but, however, the respondents are directed to give an opportunity of hearing to the petitioner for satisfying the respondents regarding the genuieness of the Diploma in Teaching and the Marks -sheet thereof and thereafter take a decision whether the documents produced by the petitioner for obtaining the appointment are genuine or not. This process should be completed within three months from today. If the petitioner succeeds in satisfying the respondents about the genuineness of the Diploma in Teaching an the Marks -sheet thereof then the petitioner may be given re -employment and his services may be created as contiguous since the date of his initial appointment and he will, also, be entitled for the salary from 22 -4 -93, till he is re -appointed. If the petitioner fails to satisfy the respondents regarding the genuiness of the Diploma in Teaching as well as the Marks -sheet then the petitioner may not be provided re - employment.