REV.BASANT KUMAR BARLA Vs. SIYA SHARAN PRASAD

JUDGEMENT

(1.) THE present application is filed under Order 47 Rule 1 of the Code of Civil Procedure, for review of order dated 12.01.2012 passed in A.C. (S.B.) No.12 of 2007 mainly on the ground that certain material facts could not be brought on record before the Court at the time of hearing of appeal, which resulted into miscarriage of justice and, therefore, the petitioner is constrained to approach this Court by way of filing the present review application.

(2.) LEARNED counsel for the applicant submitted that the petitioner challenged the termination order passed by the District Superintendent of Education, Ranchi vide its order dated 07.02.2006 before the learned Jharkhand Education Tribunal, Ranchi and the said order was quashed and set aside by the learned Jharkhand Education Tribunal by its order dated 23.11.2006.

(3.) IT is submitted that the respondent's service is ordered to be terminated based on report received from the Ranchi University on 26.06.2007 as the University authorities found that the appointment was done on the basis of fraudulent documents produced by the respondent and accordingly the respondent was removed from service by the management of the school by its order dated 06.10.2007. It is further submitted that with a view to verify the said allegation of fraud played by the respondent, at the time of employment in 1983, the matter was re -examined and the controller of the examination, Ranchi University, Ranchi by a letter No. Ex./8092 dated 09.07.2012 informed the petitioner that the document of the respondent is found forged and fake. Learned counsel for the applicant submitted that the said fact was very important and vital for determination of real issue in the matter. But, during the pendency of proceedings before the Tribunal as well as the proceedings pending before this Court, unfortunately the entire focus was on the order of termination which was under challenge i.e. order dated 07.02.2006, whereby the respondent's service was ordered to be terminated by the District Superintendent of Education, Ranchi on the ground that there is no sanction post on the establishment. The learned counsel for the applicant submitted that in view of the provision contained in Code of Civil Procedure regarding review, the review application can be entertained if the court found that after exercise of due diligence, certain important matter for evidence could not be produced by the applicant at the time when the decree was passed or made. Moreover, on account of some mistake or error apparent on the face of record or for any other sufficient reason, the previous order passed in the matter can be reviewed.