PANKAJ KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Counsel for the petitioner submitted that the petitioner is challenging the order dated 14.11.2009 (at Annexure-5 to the memo of the petition), passed by the Block Education Extention Officer, Godda vide which the officer has terminated the services of the petitioner. No other argument has been canvassed by the petitioner except for what is given hereinabove. Counsel for the State submitted that a detailed counter affidavit has been filed and it has been stated therein that minimum qualification for appointment on the post of Shiksha Dute is clearance of intermediate examination. The petitioner supplied certificate of intermediate examination issued by the Hindi Vidyapith, Deoghar, Jharkhand. This certificate was sent for verification to the concerned institution and the said institution replied that the certificate is a fabricated document as they have never issued such certificate. This reply is at Annexure-E to the counter affidavit and the present petitioner has played a fraud for getting the job. This aspect was found true and correct in the preliminary enquiry and therefore, order at Annexure-5 to the memo of the petition has been passed and three days time was given for filing reply to the said show-cause notice. In fact, Annexure-5 is not a termination order at all but it is a show-cause notice given to the petitioner. No reply was given by the petitioner. As per counsel for the petitioner, upon a query raised by this court as to whether the petitioner has given reply to Annexure-5 or not, an oral reply was given by the petitioner.

(2.) It is further submitted by counsel for the respondents that under these circumstances, petitioner was not allowed to work as a Shiksha Dute. Moreover, First Enquiry Report has also been filed before the concerned police station and the said matter in the criminal side is still pending.

(3.) Having heard counsel for both sides and looking to the facts and circumstances of the case, I see no reason to quash and set aside the order dated 14.11.2009 (at Annexure-5 to the memo of the petition), passed by the Block Education Extention Officer, Godda mainly for the following facts and reasons:--