BADRI RAM PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing order dated 02.07.2009, whereby services of the petitioner has been terminated and for quashing order passed in Service Appeal dated 25.10.2011 and for direction upon the respondents to reinstate the petitioner in services with all consequential benefits.

(2.) The brief facts, as disclosed in the writ application, is that after due procedure of appointment, the petitioner was appointed on the post of Assistant Teacher vide memo dated 13.12.1986. It has been submitted that after rendering unblemished services for about two decades, on the basis of complaint made by one co-villager, Harihar Prasad Mehta, an enquiry was made, in which, it is alleged that the matriculation certificate of the petitioner is fake as such, petitioner was terminated vide memo dated 21.09.2005 without issuing any show cause notice or affording opportunity of hearing. Against this, the petitioner preferred Service Appeal No. 147 of 2005, which was allowed vide order dated 02.08.2007 with a finding that the report of Bihar School Examination Board is not conspicuous that it is a fake mark-sheet and that services of the petitioner was dispensed with without initiating proper departmental proceeding, matter was remanded back to take a decision afresh after starting departmental proceeding.

(3.) In compliance thereof, vide order dated 04.10.2007, the petitioner resumed his duty, however, a departmental enquiry was initiated against the petitioner and vide memo dated 22.11.2007 the B.E.E.O, Barhi-cum-Padma issued show cause notice with the charge memo contained in Form 'A' on the allegation that the petitioner is working as Assistant Teacher on the basis of illegal matriculation certificate and enquiry officer was appointed, who submitted his report. Basing on his report, the petitioner was dismissed from services vide order dated 02.07.2009, which was confirmed by the appellate authority in Service Appeal vide order dated 25.10.2011.