GOPI CHAND RAJWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is aggrieved of the order of termination from service passed on 01.04.2017.

(2.) The petitioner who participated in the selection process pursuant to Advertisement No. 01 of 201314 for appointment on the post of Assistant Teacher was offered appointment on the condition that during verification of certificates pertaining to educational or other qualifications if any certificate is found forged the appointment shall be liable for termination without notice. In continuation of the decision taken by the District Education Establishment Committee in its meeting held on 24.01.2015, the petitioner was offered appointment on 25.01.2015. On a complaint received indicating two different dates of birth of the petitioner in two different matriculation certificates, an enquiry was instituted in which it was found that in the matriculation certificates issued in the name of the petitioner two different dates of birth, 27.01.1965 as well as 14.08.1972, are recorded. The petitioner was issued a showcause notice and he was directed to appear for his defence on 24.01.2017, however, he did not appear before the District Superintendent of Education, Bokaro. Accordingly, in its meeting held on 09.03.2017, the District Education Establishment Committee took a decision to terminate the service of the petitioner. This decision has been communicated to the petitioner vide letter dated 01.04.2017.

(3.) Contending that an employer on its own cannot take a stand that in view of the admitted facts no prejudice would be caused to an employee if he has not been offered an opportunity of hearing, Mrs. Vandana Singh, the learned counsel for the petitioner submits that the impugned order dated 01.04.2017 is liable for interference by this Court on the ground of breach of rules of natural justice.