MD. KALIMUDDIN Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for issuance of writ of certiorari for quashing the impugned order dated 25.05.2012 issued under the signature of District Superintendent of Education, Godda pertaining to major punishment of dismissal from services and for issuance of writ/direction in the nature of mandamus commanding upon the respondents to reinstate the petitioner on the post of Assistant Teacher with all consequential benefits.

(2.) The factual matrix, as has been delineated in the writ application, in a nutshell is that on the recommendation of the Jharkhand Public Service Commission Ranchi and on the basis of Elementary Teacher Selection Examination, 2007 the petitioner was appointed to the post of Assistant Teacher, Dhami Bazar, Urdu Anchal, Sundar Pahari, Godda vide order dated 13.10.2009 issued by the District Superintendent of Education, Godda. In pursuance to the said appointment order the petitioner submitted his joining on 16.10.2009. That on 16.11.2011 during surprise inspection of schools by the Deputy Commissioner, Godda and District Superintendent of Education, Godda, the petitioner was found absent from school because he had proceeded on casual leave and since it was a single unit teacher's school. The explanation was called for from the petitioner vide letter dated 17.11.2011 and the petitioner was also placed under suspension. The petitioner submitted his explanation clarifying the illness which prevended him to attend the school and after recovering from the illness he joined the school on 17.11.2011. The explanation of the petitioner was supported by application for leave and medical certificate of the doctor. The charges were served upon the petitioner and Range Education Officer, Godda was appointed as enquiry officer. The District Superintendent of Education vide office order dated 02.02.2012 appointed another enquiry officer namely Sri Dhirendra Prasad, Block Education Extension Officer, Mehrama and In -charge, Range Education Officer, Mahgama and second enquiry was started against this petitioner on the same set of charges. without serving copy of the enquiry report or second show cause, the order of dismissal has been passed against the petitioner as contained in memo dated 25.05.2012 issued by the District Superintendent of Education, Godda. Being aggrieved by order of dismissal the petitioner preferred appeal before the Divisional Commissioner cum appellate authority, Dumka and the appellate authority rejected the appeal of the petitioner vide order dated 23.11.2015 during pendency of the writ application confirming the order of the disciplinary authority.

(3.) Heard Mr. Bhanu Kumar, learned counsel appearing for the petitioner as well as Mr. D.K. Dubey, Sr. S.C.I., appearing for the respondents.