Indira Banerjee - (1.) THE issues in the two writ applications being similar, the same are being disposed of by this common judgment and order.
(2.) IN challenge in the writ petitions are orders of discharge issued way back in the year 1978 whereby the respective writ petitioners were discharged from service as Assistant Primary School Teachers on the alleged ground of having submitted fake certificates of the Bihar Vidyalaya Pariksha Samity. The writ petitioner in W.P. No. 14692 (W) of 1998 was appointed Assistant Teacher of Berokandul Primary School in District Malda on or about 11th April, 1973. The service of the petitioner was confirmed with effect from 2nd January, 1975. On or about 1st June, 1974 a criminal case being G.R. Case No. 962 (31) of 1974 was started against the petitioner in the Court of Chief Judicial Magistrate, Malda on the basis of a written complaint of the then District Inspector of Schools (Primary Education], Malda alleging that the petitioner had obtained employment by producing a fake Secondary Certificate of Bihar Vidyalaya Pariksha Samity.
(3.) UPON completion of preliminary investigation, a chargesheet as framed. The criminal case continued for years. On or about 12th October, 1978, the petitioner was discharged from service on the ground of having produced a fake educational certificate. There were similar allegations against numerous primary school teachers of the district. The writ petitioner in W.P. 14691 (W) of 1998 was appointed as Assistant; Teacher of Ramchandrapur Primary School in District Malda vide Memo No.580/6 dated 11th April, 1973. By Memo No.2672/4 dated 21st March, 1977, the then District Inspector of Schools (Primary education), Malda placed the petitioner under suspension with effect from 29th November, 1976 on the allegation that the petitioner had produced a fake certificate of the Bihar Vidyalaya Pariksha Samity.;