MD. ABDUL JABBAR KHAN Vs. THE STATE OF ASSAM AND 4 OTHERS
HIGH COURT OF GAUHATI
Md. Abdul Jabbar Khan
The State Of Assam And 4 Others
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ACHINTYA MALLA BUJOR BARUA, J. -
(1.) Heard Mr. A. K. Purkaystha, learned counsel for the petitioner and Mr. N. Sarma, learned Standing Counsel for the Elementary Education Department.
(2.) The petitioner was the Headmaster of Kolohi Kas L.P. School at Guwahati and was dismissed from service by an order dated 07.01.2011 of the Director of Elementary Education, Assam. The said order of dismissal has been assailed in this writ petition. The petitioner seeks to raise several grounds for assailing the order of dismissal and amongst others, some of the grounds are that in a related criminal case lodged against the petitioner as regards the allegation of forgery, which was in fact also the charge against the petitioner in the disciplinary proceeding, the petitioner had been duly exonerated. Apart from the above, grounds have also been taken that the required procedure under the law had not been followed in the proceedings, which resulted in the order of dismissal dated 07.01.2011. As per the memorandum of charges dated 18.11.2008 leading to the departmental proceeding, the core charge against the petitioner was that he had forged the HSLC certificate and thereby had mislead the departmental authorities. After the memorandum of charge was served on the petitioner, several other communications were made to him to give reply to the charges. It appears that as no reply was given, another show cause notice dated 02.06.2010 was issued to the petitioner on the same charges. Against the show cause notice of 02.06.2010, the petitioner had submitted his reply dated 21.06.2010, whereby a stand was taken that he had not obtained his appointment by submitting any fake or forged HSLC passed certificate. The petitioner took a stand that the appropriate authorities in the department of education upon verification of his testimonials had regularized him in service and therefore, the said issue cannot be raised once again.
(3.) In the resultant situation, an enquiry was ordered against the petitioner. Although it has not been specifically stated in the affidavit, but Mr. N. Sarma, learned Standing Counsel for the Education Department relies upon an enquiry report submitted by the Officer on Special Duty in the Directorate of Elementary Education, Assam, by which the authorities had concluded that the matriculation certificate submitted by the petitioner was a forged certificate. Based upon such enquiry report, the order dated 07.01.2011 was issued by the Director of Elementary Education, by which the petitioner was dismissed from service.;
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