RAMROOP TANTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order dated 15-5-1989 issued by the respondent No. 2 whereby the services of the petitioner had been terminated and a direction has been issued for recovery of total salary drawn by him.

(2.) The fact of the case lies in a very narrow compass. The petitioner passed secondary school examination in the year 1968. He allegedly passed his teacher's training examination in the year 1970. The marks-sheet issued to the petitioner allegedly by the Bihar School Examination Board in the teacher's training examination is contained in Annexure-1/A to the writ application. According to the petitioner, an advertisement was issued for appointment in the post of teacher pursuant whereof he filed an application and by an order dated 10-12-1981 he and 13 other persons were appointed on the post of Matric trained Assistant teachers on temporary basis. The said order dated 10-12-1981 is contained in Annexure-2 to the writ application. The petitioner stated that he has drawn his salary from January, 1982 to November, 1985. Thereafter payment of his salary was stopped on the ground that he has filed a false teacher's training certificate. According to the petitioner, an inquiry was made and the said certificate was found to be a genuine one. Thereafter by an order dated 2-6-1986 the earlier order dated 14-10-1985 was revoked and the petitioner was directed to be paid his salary pursuant whereof he joined again on 2-6-1986. The petitioner has alleged that payment of his salary was again stopped from July, 1988 to May, 1989. The petitioner filed a representation. By reason of an order dated 15th of May, 1989 as contained in Annexure 7 to the writ application, the salary payable to the petitioner was directed to be stopped and he was directed to be removed from services.

(3.) The petitioner has contended that prior to issuance of the said order neither any show-cause notice was issued to the petitioner nor he was given an opportunity of hearing. A criminal case had also been instituted against the petitioner.