KANAKLATA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. This writ petition has been preferred for quashing of the order dated 8th December, 2004 issued by the District Superintendent of Education-cum-Sub-Divisional Education Officer, Jamtara, by which the services of the petitioner has been terminated for having given false certificate that she was unmarried at the time of her appointment on compassionate ground on the post of Assistant Teacher after the death of her father in harness.

(2.) The petitioner's case is that she has passed the Madhyama Examination in the year 1990. Her father was an Assistant Teacher in primary school, Ghasmarani, Masalia in the district of Dumka when her father died in harness in course of service on 17.03.1990. She applied for appointment on compassionate ground enclosing her certificate issued by the Circle Officer, Kundahit Block showing that she was unmarried, vide Annexure-2 and also an affidavit of her mother. It is stated that the deceased employee had two wives, Tara Devi and Savitri Devi. Savitri Devi had one minor daughter and one minor son at the relevant point of time. The District Education Establishment Committee, on scrutiny of her claim, took a decision in the meeting dated 22.02.1994 to appoint her as an Assistant Teacher in the scale of untrained Matric, where after the appointment letter dated 7th September, 1994 was issued, vide Annexure-4. The petitioner earlier approached this court in W.P.(S) No. 4584 of 2003 as her salary was stopped by the order as contained in Memo No. 145 dated 18th January, 2002 on the ground that an enquiry was being made with regard to the petitioner's appointment. This Court disposed of the writ petition in the following terms:

(3.) Thereafter, enquiry was conducted, in which the petitioner was also served the charges, vide Annexure-12, which related to the allegations that the petitioner was married at the time of her appointment and has concealed the aforesaid facts from the authorities while seeking appointment. The petitioner furnished a reply, vide Annexure-13, denying the aforesaid charges. She also stated that at the time of her appointment in 1994 she was unmarried while she got married to one Chandra Gopal Mandal, who was earlier married to one Savitri Devi, who died and thereafter he married the petitioner in the year 1995. The petitioner has also annexed an affidavit sworn by Savitri Devi claiming that she has made false allegation against the petitioner at the instance of other persons. Said Savitri Devi also claims to be the second wife of the father of the petitioner. Thereafter, the order impugned has been issued under the signature of District Superintendent of Education, Jamtara, vide Annexure-1, terminating her services on the basis of an unanimous decision of the District Establishment Committee. The petitioner has challenged the same on the ground that it was bad in law having been issued without proper opportunity of hearing and allegations have been properly explained by her in her show cause, which has not been taken into account.