- (1.) This special appeal is directed against the judgment and order of the Learned Single Judge dated 15th December, 2004, passed in Civil Misc. Writ Petition No. 8199 of 2002 filed by the present appellant. The writ petition has been dismissed after recording that the petitioner had submitted a forged B.T.C. Certificate and had withdrawn salary in the trained grade for decades together. The learned Single Judge, having noticed that the certificate was admittedly forged, has upheld the order terminating the services of the petitioner.
(2.) The order so passed by the learned Single Judge is being questioned before us on behalf of the petitioner-appellant on the ground that the B. T.C. Certificate, which has been found to be forged, was never filed or produced by the petitioner. It is further stated that no proceedings for conducting a departmental enquiry in respect of the submission of the said forged B.T.C. Certificate were ever initiated as per the Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as Rules, 1978 ). Lastly it is pointed out that the B.T.C. Certificate is stated to have been filed by the petitioner in the year 2001, when as a matter of fact there was no occasion for the petitioner to produce such a certificate inasmuch as she had completed ten years of regular service as untrained teacher and would have been entitled for salary in the trained grade irrespective of the B.T.C. Certificate in the year 1994 in terms of the Government Orders applicable.
(3.) Standing Counsel in reply disputes the contentions raised by the appellant and reiterates the reasons and finding recorded by the learned Single Judge.;