Hon'ble Sudhir Agarwal, J. - (1.) HEARD Sri Prabhakar Awasthi, learned counsel for the petitioner, learned Standing Counsel for the respondent Nos. 1 to 3 and perused the record.
(2.) THE petitioner is aggrieved by the order dated 16th May, 2008 passed by the Principal, Arya Kanya Pathshala Inter College, Shahjahanpur, (Annexure 9 to the writ petition) whereby his appointment has been cancelled on the ground that transfer certificate submitted by the petitioner is reported forged by District Basic Education Officer, Shahjahanpur (hereinafter referred to as the "BSA") vide his letter dated 31st March, 2008, hence the petitioner is being terminated. It appears that Class IV vacancy in Arya Kanya Pathshala Inter College, Shahjahanpur (hereinafter referred to as "the College") was advertised in 2002 pursuant whereto petitioner applied and was selected after obtaining prior approval from the District Inspector of Schools vide his letter dated 13th August, 2002. A letter of appointment was issued to the petitioner on 16th August, 2002 (Annexure 2 to the writ petition) appointing him as Class IV employee in the College. It appears that one Shanti Tiwari made a complaint against appointment of the petitioner alleging that she has been wrongly appointed and thereafter also filed writ petition No. 14838 of 2004 which was decided on 12th April, 2008 permitting her to make a representation before the District Inspector of Schools who was directed to make an enquiry into the matter and pass appropriate order in accordance with law. The District Inspector of Schools (in short the "DIOS") made enquiry on the representation of Shanti Tiwari and passed an order on 18th November, 2004 (Annexure 4 to the writ petition) rejecting the representation and holding appointment of the petitioner valid. Thereafter a show-cause notice was issued to the petitioner on 16th April, 2008 by Principal of the College stating that B.S.A., Shahjahanpur has reported that transfer certificate submitted by petitioner was forged and therefore, the DIOS by letter dated 31st March, 2008 directed the Principal to take appropriate action for termination of petitioner's services. The petitioner submitted her reply dated 19th April, 2008 and thereafter the impugned order has been passed.
(3.) INITIALLY when this matter was taken up on 17th July, 2008, this Court passed the following order : "Dispute raised in the present writ petition is confined to the issue as to whether transfer certificate (T.C.) obtained from Shish Evam Nari Kalyan Kendra, Junior High School, Shahjahanpur, and produced by the petitioner for seeking employment, is genuine or not. For deciding the aforesaid controversy, it would be relevant to summon the original records from the said institution for examining the genuineness of the said certificate. Learned Standing Counsel is directed to summon the Scholar Register/ other register in pursuance thereof, the aforesaid transfer certificate has been issued to the petitioner by Shish Evam Nari Kalyan Kendra, Junior High School, Shahjahanpur through the office of Basic Shiksha Adhikari, Shahjahanpur and produce the same before this Court on the next date fixed. A certified copy of this order may be issued by the learned Standing Counsel by Monday i.e. 21st July, 2008 for compliance. List on 18th August, 2008 as unlisted matter." Pursuant to the aforesaid order, the record of Shish Evam Nari Kalyan Kendra, Junior High School, Shahjahanpur was placed before this Court for its perusal on 18th August, 2008 and after perusing the same, this Court passed the following order : "Record is produced by learned Standing Counsel in pursuance of the order of this Court dated 17.7.2008, which has been brought by Sri J.K. Verma, District Basic Education Officer, Shahjahanpur. The Court has perused the same. T.C. Register which has been produced in original as well as the High School Examination Mark Sheet Chart prepared by the Principal of the institution are vary old and shows the name of the petitioner having maintained in routine course and there is no doubt about the correctness thereof. Learned Standing Counsel also could not dispute the same and submits that neither the mark sheet nor the T.C. can be said to be forged. At this stage, he seeks and is allowed three days' time to file an affidavit of concerned Basic Education Officer explaining as to in what circumstances, he could submit the report that T.C. of the petitioner was forged. List/put up this matter on 22.8.2008." ;