BHUSHAN SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner was dismissed on 7.10.2004 vide order at Annexure-16 under the signature of Secretary, Department of Science and Technology, Government of Jharkhand, Respondent No. 2 from the post of Teacher in B.I.T. Sindri. The impugned order states that during the course of the departmental inquiry initiated against him, it has been established that the petitioner was engaged in the services of Bihar State Food and Civil Supplies Corporation from 27.4.1982 to 25.2.1987 on full time basis as an Assistant Godown Manager which he had suppressed at the time of entry in service under the respondent Government. It further indicate that the petitioner in the said period had been found to be performing the duty of a teacher illegally in Magadh Engineering College Gaya which was taken over by the ordinance of 1986 by the State Government and on the basis of his services rendered in the privately managed Engineering College in the said period, he was absorbed in the Science and Technology Department on the post of Assistant Professor on provisional basis. Petitioner, therefore had suppressed the factum of his full time engagement in the Corporation and secured appointment, which shows serious acts of fraud and suppression of facts on the part of the delinquent petitioner for which he has been imposed with the punishment of dismissal from service.

(3.) In the writ petition, as would appear the petitioner himself has built up his case that after having, obtained the M.Sc. Degree in Mathematics from Magadh University in December 1980, he had joined on 25.11.1981 as 'Teacher Fellow' in the Mathematics Department in the Magadh Engineering College, Gaya on a consolidated salary of Rs. 600/- per month. Thereafter, on the basis of the notice inviting application issued by the said college petitioner again appeared for interview and got selected, as a result of which a fresh appointment letter dated 21.6.1992 was issued in favour of the petitioner for joining on the post of Assistant Professor. The College however was not in a good financial position and salary for some period of time in 1984 could not be paid to the employees like the petitioner. His services were confirmed w.e.f. 25.6.1983 vide office order dated 12.8.1985 (Annexure-4). The Managing Committee of the College, however took a decision to close the College in view of the stringent financial condition. Thereafter, on the basis of the decision of the State Government and the provisions of Bihar Private Engineering College (taking over) Ordinance, 1986 the said College was taken over by the State Government. Thereafter, in terms of the said Ordinance names of existing employees were referred for absorption in Government service and the petitioner's name was also recommended to the B.P.S.C. for its approval as he was found fit for the post of Assistant Professor, Mathematics. Thereafter, he was provisionally absorbed in service as a Government servant w.e.f. 31.1.1991 vide memo. 2934 dated 27.9.1993. He was transferred to B.I.T. Sindri on 7.10.1994 on the post of Assistant Professor. In the aforesaid background of the case that the petitioner has made out, he was proceeded under a charge sheet dated 17.1.1997 (Annexure-9) by the erstwhile Government of Bihar, Department of Science and Technology for the alleged misconduct that the petitioner had claimed teaching experience for the period from 25.11.1981 to 25.6.1982 and from 25.6.1982 to 1993 as an Assistant Professor in the said Magadh Engineering College. The charge sheet alleged that in the said period 'the petitioner was under the services of Bihar State Food and Civil Supplies Corporation as an Assistant Godown Manager. The charge sheet also referred to instances of he being placed under suspension by the Corporation and instance of payment of salary for certain period by the Corporation also. In February, 1987 he is said to have resigned from the Corporation which was approved on 5.5.1989. Therefore, when he was engaged in the Corporation for the entire period, he had indulged in undertaking engagement as a Teacher in an illegal manner in the Private Engineering College, which is not permissible for the Government employee. It has also been indicated that after the taking over of the said College enrollment of the student was closed and no student was enrolled after 1986. However, the petitioner has claimed the benefit of teaching experience for the period from 1987 to 1993 as well. He had not followed the procedure for making application to the B.P.S.C. for consideration of his appointment to the post of Assistant Professor through proper channel and had appeared in the interview held in 1994.