BIDHAN CHANDRA MAHATO Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2011-11-92
HIGH COURT OF CALCUTTA
Decided on November 24,2011

Bidhan Chandra Mahato Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

Harish Tandon, J. - (1.) The petitioner has challenged the Memo No. 3361 dated 29.12.2004 issued by the Chairman, District Primary School Council whereby and whereunder the service of the petitioner is terminated with immediate effect.
(2.) The factual matrix may be adumbrated as follows: (i) The petitioner registered himself with the concerned employment exchange in the year 1993 after having passed the Madhyamik Examination in the year 1987 (ii) The name of the petitioner was sponsored by the said employment exchange to the District Primary School Council, Purulia for consideration of his candidature to the post of Primary Teacher. (iii) The petitioner submitted testimonials/certificates including the marksheet of the Madhyamik Examination and was found eligible to be called for oral interview. (iv) The petitioner was found successful and was issued the letter of appointment on 12th December, 2003 and was appointed as Assistant Teacher in Nalkupi Primary School under Jhalda -II Circle and the petitioner joined the service on 26th December, 2003. (v) By Memo No. 1217 dated 05.07.2004 issued by the Chairman, District Primary School Council to the Sub Inspector of School, where request was made to obtain the marksheet of the Madhyamik Examination of the petitioner for the purpose of further investigation. (vi) The Chairman, District Primary School Council, Purulia issued show cause notice on 12.10.2004 asking the petitioner to file reply on the submission of the false marksheet of the Madhymaik Examination. (vii) In reply, the petitioner states that the marksheet submitted by the petitioner is genuine and correct.
(3.) By the impugned order, the service of the petitioner is terminated having obtained by practicing fraud in submitting the false marksheet.;


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