SACHIDANAND Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner was appointed on 11.01.1988 as Untrained Matric Teacher. THE petitioner declared his qualification as Graduate in Sanskrit. THE Deputy Commissioner, Sahebganj (respondent no. 2) vide letter dated 4.4.1997 requested the Bihar Intermediate Education Council to verify the genuineness of the certificates submitted by eleven different teachers including the petitioner. THE petitioner had initially submitted his Mark-sheet of Intermediate Examination, 1983, Code No. 7207, Roll No. 752761. THE mark sheet submitted by the petitioner was reported to be fake and bogus by the Bihar Intermediate Education Council vide letter dated 15.9.1997. Having received the report, disciplinary proceedings were contemplated against the petitioner. However, meanwhile, the Bihar Intermediate Education Council sent another letter dated 13.05.1998 saying that the previous letter dated 15.09.1997 was issued incorrectly on the basis of incomplete information.

(2.) ON the face of it, letters dated 15.09.1997 and 13.05.1998 issued by the Bihar Intermediate Education Council are contrary to each other. Thereafter the Secretary, Bihar Intermediate Education Council vide letter dated 18.07.1998 has written that the petitioner must be having original certificate, mark sheet and other documents which should be placed before him for verification. The Joint Secretary, Bihar Intermediate Education Council vide letter dated 24.11.1998 had informed the Deputy Commissioner, Sahebganj that enquiry was still going on with regard to the verification of the certificates submitted by the petitioner. Thereafter, in the year 2005, the Bihar Intermediate Education Council had written that certificates of the petitioner was found to be genuine. Thereafter enquiry was got done through Executive Magistrate, Sahebganj and it was found that initially the petitioner was declared "failed" in the record of the Bihar Intermediate Education Council. However, thereafter, by over writing, he was declared "Pass in 3rd Division" and new certificate was issued in favour of the petitioner. In view of the different letters as observed hereinabove, there seems to be a serious dispute about the genuineness of the certificates submitted by the petitioner. Vide impugned order dated 2.7.2011 (Annexure 16), the District Superintendent of Education, Sahebganj, has directed to withhold the arrears of salary till the correct facts about the genuineness of the certificates submitted by the petitioner are not discovered.

(3.) IN the opinion of this Court, interest of justice shall be served if direction is issued to the District Superintendent of Education, Sahebganj to lodge an first information report narrating all the facts mentioned in the impugned order dated 2.7.2011 (Annexure 16) within 15 days from today with the police. On registration of the first information report, the Superintendent of Police, Sahebganj shall constitute Special INvestigating Team headed by the Deputy Superintendent of Police. The Special INvestigating Team so constituted shall take into possession the certificates, mark sheets of the petitioner and various letters issued and received in the office of the District Superintendent of Education, Sahebganj, as mentioned in the impugned order and shall visit the office of the Bihar INtermediate Education Council after prior information to the local police and shall examine the entire records pertaining to the petitioner. The Team so constituted shall be at liberty to obtain report of the Forensic Science Laboratory, if needed, and shall submit its report about the genuineness and correctness of the certificates and correspondences as well as the genuineness of the entries made in the record. Let the entire exercise be completed as early as possible, preferably within six months from today. On receiving the report from the Team, further course of action shall be decided by the District superintendent of Education, Sahebganj pertaining to the entitlement of the petitioner.