KAPOOR CHAND SAINI Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this writ petition making the following prayers:-

(2.) The facts of the case are that the petitioner was appointed on the post of Teacher Gr.III after passing due selection process w.e.f. 10/01/1987. The petitioner's employment was terminated vide order dated 25/01/1994 which was served upon him on 02/02/1994. The order of termination was on the ground that the petitioner had secured employment on forged degrees/marks-sheets. The respondents issued a charge-sheet to the petitioner on 10/01/1994 under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short, 'CCA Rules, 1958') on the aforementioned charges. However, without conducting any departmental enquiry or adopting the procedure laid down under Rule 16 of the CCA Rules, 1958, the respondents issued a questionnaire to the petitioner dt.12/01/1994 without adopting any further procedure in accordance with law and in pursuance of the charge-sheet under Rule 16 of the CCA Rules, 1958, services of the petitioner were terminated vide order dated 25/01/1994.

(3.) A reply was filed by the respondents stating that the petitioner obtained B.Ed. Degree by unfair means and forgery. It was further stated in the reply that the petitioner had made some changes in the marks-sheet and the difference was found in the marks mentioned in the copy of the marks-sheet submitted by the petitioner and that in the University. It was further submitted that as per record of the University, the petitioner was declared fail whereas in his marks-sheet of B.Ed., the petitioner has shown himself to be pass. The respondents also stated that the proceedings adopted were lawful and the action taken was strictly in accordance with law.