PUSHPENDRA SINGH BHATI,J. - (1.) Instant writ petition has been preferred with the following prayers:- "(i). By appropriate writ, order or direction, the impugned letters dated 6.2.2008 issued by respondents No. 2 and 3 respectively (Annexure 9 and 10) may kindly be quashed and set aside. (ii). By appropriate writ, order or direction the respondents may be directed to reinstate the original petitioner late Shri Satya Prakash Sharma in service with all consequential benefits on the basis of his honorable acquittal from the criminal charges under Section 420, 467, 468 and 471 IPC and further treat him as having died in harness. (iii). By appropriate writ, order or direction the respondents may be directed to consider the case of one of the petitioner no. 1/1 to 1/5 for compassionate appointment and further give appointment to one of the dependents of late Shri Satya Prakash Sharma i.e. the original petitioner as per the provision of the Act in this regard." Learned counsel for the petitioner has submitted that the only basis of termination of services of the petitioner vide order dated 23.12.1993 (Annexure-6) was that a criminal case regarding forged mark-sheet was pending. Learned counsel submits that since no regular inquiry has been conducted, therefore, termination of petitioner's services was not proper.
(2.) Thereafter the petitioner has been acquitted by the criminal court in Criminal Case No.23/240/03 vide judgment dated 28.5.2005. Learned counsel for the respondents at the outset has submitted that the termination order dated 23.12.1993 (Annx.6) has already been challenged by the petitioner in another writ petition bearing S.B. Civil Writ Petition No.2810/1994. The order dated 14.11.2002 passed in S.B. Civil Writ Petition No.2810/1994 reads as under:- "By way of this writ petition, the petitioner has challenged the legality and validity of his order of termination dt. 23/12/1993 (Ann.17) issued by the Vikas Adhikari Panchayat Samiti, kathumar, Distt. Alwar (respondent No. 3) on the ground of his B.Ed. Degree having been found forged and illegal. The case of the petitioner in short is that pursuant to an Advertisement No.1(88), published by the District Establishment Committee, Zila Parishad Alwar, he was selected and appointed as Teacher Gr.III and was posted at Primary School Kutti Man Sadas vide order dt. 12/12/1988 by the Vikas Adhikari respondent No. 3 where he joined his duties on 13/12/1988. After having successfully completed the probationary period of two years, he was confirmed on the post of Teacher Gr.III vide order dt. 27/12/90 passed by the Vikas Adhikari, PS Kathumar. As per the averment made in the petition, the petitioner after passing his MA Previous (Political Science) in the year 1985 as a Private Student from the University of Rajasthan and under a bonafide belief that he could do his B.Ed. Degree passed the course of study simultaneously from Avadh University Faizabad (UP). The petitioner has further stated in the petition that he was a confirmed Teacher Gr.III after his successful completion of Probationary period of two years in service. However, there were many complaints of the forged degrees in the State with regard to B.Ed. degrees awarded by many Universities and the B.Ed. Degree awarded to the petitioner by the Avadh University (Faizabad) was also included to be adjudged as the same also had been awarded by Kanta Prasad Sunder Lal Saket Mahavidhyalaya, Faizabad which had by then known as issuing the forged issuing the forged degrees and therefore, the Vikas Adhikari had asked vide letter No. 138 dt.22/4/92 the petitioner to deposit his said degree and mark sheet in original for verification of their genuineness and the petitioner had deposited the same. Thereafter, the Vikas Adhikari respondent No.3 enquired about the genuineness of the B.Ed. Degree from the Avadh University, Faizabad and Kanta Prasad Sunder Lal Saket Mahavidhyalaya, Faizabad. In reply thereto, the Avadh University vide its letter dt.6/8/1992 (Ann.R/1) informed respondent No.3 indicating the name of four persons who obtained the B.Ed. Degree from the said University while, the Kanta Prasad Sunder Lal Saket Mahavidhyalaya, Faizabad informed respondent No.3 vide its letter dt.16/9/92 (Ann.R/2) holding the B.Ed. Degree of the petitioner as forged one.
(3.) On the basis of the communication dt.16/9/92 (Ann.R/2) received from the Kanta Prasad Sunder Lal Saket Mahavidhyalaya, Faizabad, the Executive Officer, Zila Parishad, Alwar, respondent No.2 had initiated a Departmental Enquiry purported to be under Rule 7 of the Panchayat Samiti and Zila Parishad (Punishment and Appeal) Rules, 1961 for short 'the Rules of 1961' vide Memo No.4365-66 dt.24/6/93 (Annexure-9) alleging the charges incorporated in the charge sheet to which the petitioner filed reply dt.12/7/1993 (Annexure-10). Meanwhile, the Vikas Adhikari had lodged FIR bearing No. 704/93 for offences under Sections 420/467/468 and 471 and under Section 120-B IPC with PS Kotwali, Alwar. The petitioner applied for anticipatory bail and he was released on bail by the District and Sessions Judge, Alwar and the main accused of the crime namely; Om Prakash was also arrested on 1/9/1993 and the petitioner was summoned in the aforesaid case as a witness to appear before the Additional Munsiff and Judicial Magistrate, Court No.1, Alwar. ;