(1.) In the accompanied writ application, the petitioners have prayed for quashing the letter dated 26.05.2005 issued by respondent No. 2 whereby the appointment of the petitioners was declared as forged and consequently, the payment of salary of the petitioners were stopped and the petitioners have further prayed for directing the respondents not to disturb the petitioners in functioning as Assistant Teachers at Ram Bilas High School, Bermo and for payment of other service benefits.
(2.) The brief facts as disclosed in the writ application is that the petitioners having requisite qualification were appointed on the post of Assistant Teacher by the erstwhile state of undivided Bihar and accordingly joined their respective posts. The petitioners continued to render unblemished services in Ram Bilash High School, Bermo. The appointment of the petitioner No. 1 was duly approved by the Deputy Director, Secondary Education, Government of Bihar vide order dated 05.12.1993. The petitioner No. 2, services were duly approved by the Deputy Director, Secondary Education, Government of Bihar vide order dated 16.08.1996 and the petitioner No. 3 was transferred from the High School, Amarut, Gaya to Ram Bilas Intermediate School, Bermo, Bokaro by the office order dated 05.11.1995 issued by the Director, Secondary Education, Government of Bihar and the petitioner joined the post of Assistant Teachers and rendered satisfactory services. But to the utter surprises, salary of the petitioners was stopped by the Director, Secondary Education, Government of Jharkhand, Ranchi on the basis of frivolous complaints regarding the fake educational qualification and the forged appointment of the petitioners as an Assistant Teachers. On receipt of letter from Director, Secondary Education, Government of Bihar, Patna dated 07.07.2004, the Director, Secondary Education, Government of Jharkhand, Ranchi wrote a letter to the District Education Officer, Bermo on 07.10.2004 requesting him to submit appointment letters and transfer letter along with the educational qualification of the petitioners and the District Education Officer, Bermo, on receipt of the said letter wrote to the Director, Secondary Education, Government of Jharkhand, Ranchi on 19.10.2004 mentioning therein that the names of 15 teachers including petitioners to make a high level enquiry regarding their appointment and the Director, Secondary Education, Jharkhand, Ranchi instead of making high level enquiry issued a letter on 03.01.2005 with a direction not to take work from all 15 persons including the petitioners and directed to stop the salary of the aforesaid 15 persons. Thereafter, Director, Secondary Education, Government of Jharkhand sent a letter to the Secretary, Information and Public Relation Department, Government of Jharkhand, Ranchi on 05.02.2005 requesting to publish the notice for appearance of all the aforesaid persons and for bringing the original appointment letter, transfer letter, adjustment letter and other relevant documents and to appear on 01.03.2005 before the Director, Secondary Education, Government of Jharkhand, Ranchi and the petitioners appeared before the Director, Secondary Education along with the all documents on 18.03.2005 but the Director, Secondary Education, Government of Jharkhand passed the order to stop the salary for recovery of the salary taken by initiating a certificate proceeding and for filing the criminal case against those persons including the petitioners vide order dated 26.05.2005 (Annexure-9) to the writ petition. Being aggrieved by the impugned order dated 26.05.2005 vide Annexure-9 to the writ petition, the petitioners left with no other efficacious speedy remedy have knocked the doors of this Court under Art. 226 of the Constitution of India for redressal of their grievances.
(3.) Learned counsel for the petitioners submits that before issuance of the impugned order dated 26.05.2005, no departmental proceeding has ever been initiated against the petitioners for imposing major punishment and the petitioners have not been given sufficient opportunity for putting forth their cases before the competent authority. Learned counsel for the petitioners further submits that the impugned order is contrary to law and violation of Art. 311 of the Constitution of India. Learned counsel for the petitioners further submits that the action of the Director, Secondary Education, Government of Jharkhand declaring the appointment of the petitioners as forged without holding proper enquiry under the law amounts to colourable exercise of power.