DURBIN HEMBRUM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the petitioner and State.

(2.) PETITIONER is aggrieved by the impugned order vide letter No. 372 dated 4.3.2004 (Annexure -19/1) issued by the District Superintendent of Education, Deoghar whereby he has been restrained from working on the post of Assistant Teacher on the ground that his services were terminated by letter No. 4235 -60 dated 3.5.1989 since his certificates on the basis of which he was appointed was found to be forged. As per the impugned letter the petitioner had continued in service even thereafter and therefore, the Area Education Officer, Madhupur was directed to immediately stop the petitioner from working who was posted in Primary School, Lathjhari Palajori and also to register an F.I.R. against him.

(3.) LEARNED counsel for the petitioner points out to the office order dated 5.11.2003 (Annexure -15) where under the District Superintendent of Education, Deoghar after having inquired into the matter had revoked the office order dated 5.1.2002 by which his salary was withheld. By the said order dated 5.11.2003 it was also held that none of the charge against the petitioner prima facie were found to be established on the issue of educational and teachers training qualification. In the aforesaid factual background, the impugned order has been assailed on behalf of the petitioner on the following grounds: -