Sokinder Kumar vs State Of Uttarakhand & Others

Manoj K. Tiwari, J

By means of this writ petition, petitioner has sought following relief:-

(i) Call for the record of the case and issue a writ, order or direction in the nature of certiorari, quashing and setting aside the dismissal order dated 10 April 2018 passed by the Respondent No. 3 dismissing the services of the petitioner (contained in Annexure No. 11 to the writ petition)

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to allow the petitioner to work without any interference and to pay him salary as applicable including arrears of salary from March 2018 till date.

According to the petitioner, he was given regular appointment on the post of Assistant Teacher, Government Primary School by District Education Officer, Haridwar vide order dated 24.12.2008 and subsequently he was promoted as Head Master vide order dated 07.10.2011. He is aggrieved by the order dated 10.04.2018 passed by District Education Officer (Basic Education), Haridwar, whereby his services have been terminated on the ground that B.Ed. degree possessed by him was found to be fabricated.

It is contended on behalf of the petitioner that neither any charge-sheet was served upon him nor any departmental inquiry conducted and his services have been terminated in abject disregard of the principles of natural justice. It is further the contention on behalf of the petitioner that Article 311(2) of the Constitution of India has been violated, while passing the impugned order which has resulted in petitioner's removal from service. Learned counsel for the petitioner, therefore, submits that the termination order is ex-facie illegal, which cannot be sustained in the eyes of law.

Sri Vinod Nautiyal, learned Deputy Advocate General for the State submits that petitioner had secured appointment as Assistant Teacher on the strength of B.Ed. degree issued by Gorakhpur University and upon enquiry, the said B.Ed. degree was found to be forged. He further submits that in the absence of valid B.Ed. degree, petitioner is ineligible for appointment as Assistant Teacher, therefore, his services have been rightly terminated.

I have gone through the termination order dated 10.04.2018. The only reason assigned for terminating services of the petitioner is that the B.Ed. degree produced by him, for securing appointment, appears to be suspicious. There is no definite finding that the B.Ed. degree has been found to be forged. Moreover, the impugned order has the effect of petitioner's removal from service; therefore, the impugned order could not have been passed without holding regular departmental enquiry in accordance with applicable rules.

Learned counsel for the petitioner has placed reliance upon a judgment dated 11.12.2018 rendered by co-ordinate Bench of this Court in WPSS No. 3320 of 2018. According to him, the controversy has been laid to rest by the said judgment. In the said case also, services of a Government Teacher were terminated on the ground that his Bachelor of Arts Degree was found to be forged.

In the present case, services of the petitioner were terminated without following procedure established by law, therefore, the impugned termination order dated 10.04.2018 is liable to be set aside on this score alone.

Accordingly, writ petition is allowed. The impugned termination order dated 10.04.2018 is quashed.

However, the Competent Authority shall be at liberty to proceed against the petitioner, in accordance with law.

Let certified copy of this order be supplied to learned counsel for the petitioner within 48 hours on payment of usual charges.