Sunil Garg, J. - (1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioners Nand Kishore and Ram Lal Nogia against the respondents on 21.11.92 with a prayer that the orders dated. 25.8.92 (Annex. 6 and 7) passed by the respondent No. 1 by which services of the petitioners were terminated may kindly be quashed and set aside and the respondents be directed to take the petitioners in service as 3rd Grade Teacher etc.
(2.) It arises in the following circumstances : (i) Since the petitioners have similar cause of action, they have filed this writ petition jointly. (ii) That petitioner No. 1 passed his B.Com. in the year 1987 while the petitioner No. 2 passed his B.A. in the year 1983. (iii) Thereafter both the petitioners appeared in B.Ed. degree course which they obtained from Jawahar Lal Nehru Smarak Snatkottar Mahavidhyalaya, Mehraj Ganj, Gorakpur (U.P.). The copies of B.Ed. degrees are marked as Annex. 1 and 2 respectively. (iv) The petitioners thereafter were provided regular appointment on the post of 3rd Grade Teacher in the Government Primary Schools of Panchayat Samiti, Gangrar. Copies of appointment orders dated. 23.9.91 are marked as ANNEX. 3 and 4 respectively. (v) In pursuance of appointment orders dated 23.9.91, the petitioners were directed to join the service till 30.9.91. The further case of the petitioners is that they completed near about one year service as 3rd Grade Teacher with the respondents to the satisfaction of their superiors. Further case of the petitioners is that when they completed one year service, the respondent No. 1 issued orders dated 25.8.92 (Annex. 6 and 7) by which services of the petitioners were terminated on the ground that B.Ed. degree of the petitioners were found forged one. (vi) It may be stated that the basis of terminating the services of the petitioners by the respondents is letter dated 19.8.92 (Annex. R/1) of Gorakpur University by which the University of Gorakpur informed that degrees of B.Ed. of both the petitioners were forged one. (vii) Further case of the petitioners is that to act upon letter dated 19.8.92 (Annex. R/1) by the respondents is palpably wrong one as through another letter dated 10.9.92 (Annex. 8), the office of Gorakpur University clarified that earlier letter dated 19.8.92 (Annex. R/1) was sent without tailing the record of the University and further stated that both the petitioners passed the examinations of B.Ed. from Gorakpur University. (viii) Thereafter the . petitioners made representations before the authorities, but they did not pay any heed. Further case of the petitioners is that their service conditions are governed by Rajasthan Panchayat Samiti and Zila Parishad Service (Punishment and Appeal) Rules, 1961 (hereinafter referred to as the Rules of 1961). Under Rule 7 of the Rules of 1961, the procedure for Imposing major penalty has been provided and according to Rule 7, major penalty cannot be imposed without issuing charge-sheet and without making a departmental enquiry under the Rules and regulations and without giving an opportunity of being heard to the petitioners. Thus, there is breach of Rules of 1961 as well as there is breach of principles of natural justice. Hence, the Impugned orders dated 25.8.92 (Annex. 6 and 7) by which the services of the petitioners were terminated are illegal and without jurisdiction and should be quashed. Hence, this writ petition.
(3.) The respondents filed reply to the writ petition filed by the petitioners and stated that since the degrees of the petitioner were forged one as confirmed by the University through letter dated 19.8.92 (Annex. R/1), therefore, services were rightly terminated. Apart from this FIR was also lodged against the petitioners for offence under Section 420, 467, 468 and 120B I.P.C. for committing forgery. Note : There is no dispute in this case that on the basis of FIR No. 196 dated 2.9.95 of the Police Station Gangrar, Dist. Chittorgarh, a case was registered against the petitioners and later on challan was also filed against the petitioners for offence under Sections 420 and 120B I.P.C. and same is pending in the competent court of jurisdiction.;