NIRAJ BHAGAT Vs. STATE OF JHARKHAND AND ANR.
LAWS(JHAR)-2002-3-139
HIGH COURT OF JHARKHAND
Decided on March 06,2002

Niraj Bhagat Appellant
VERSUS
State Of Jharkhand And Anr. Respondents

JUDGEMENT

- (1.) This case was adjourned for today by the previous order dated 4.3.2002. Today also no body appears on behalf of the State to represent its case. 2. This writ application has been directed against the order of dismissal as well as against non -payment of salary for the period during which the petitioner was in the employment. 3. It transpires that by order dated 20.9.2001 passed in W.P. (S) No. 4561 of 2001, the petitioner has agitated for payment of salary for the period from 13,12.1999 to 21.4.2001 and this Court was pleased to direct petitioner to represent before the District Superintendent of Education, Ranchi, and the D.S.E.. Ranchi. was directed to determine the claim by a reasoned order within three months. It further transpires that after the direction of this Court, aforesaid, the D.S.E., Ranchi. passed the impugned order as contained in Annexure -6 appended to this writ application. 4. The D.S.E. by the impugned order has passed the order rejecting the prayer of the petitioner for payment of salary for the relevant period. The ground for rejecting the prayer of the petitioner is that after he was appointed and was deputed for training in Institute at Ratu. the papers of the petitioner alongwith all other appointees were verified and in course of that verification it was detected that the petitioner had passed his matriculation examination in third Division, whereas under the Rule of Recruitment for the post of Primary Teacher, the minimum qualification prescribed is second Division or 45% of marks Therefore, after the verification and enquiry it appears that the petitioner was not legible for appointment under Rules for the such appointment. Bihar Public Service Commission, vide its Advertisement No. 89/1996 had also prescribed this legibility, but the petitioner fraudulently had shown himself to have passed Matriculation Examination in Second Division. Consequently, after recording all these facts the services of the petitioner was terminated with effect from 21.4.2001. Therefore, considering all these circumstances, the representation of the petitioner was rejected by the impugned order. 5. Now this writ petition has been filed for quashing this impugned order contained in Annexure -6 to this writ application. The ground for quashing Annexure -6 is that before terminating the service of the petitioner, he was not given a chance to be heard and consequently there has been a violation of the principle of natural justice. The other ground is that the petitioner got a job and, therefore, it was the duty of the authorities to give him some opportunity to be heard before passing the order of termination. Thirdly, it is argued that since the petitioner has already worked under the respondents, he is entitled to get payment for the same. 6. The principle of natural justice nevertheless requires that adverse order must be passed after hearing, but no principle of natural justice entitles a person to come to the Court even though his hands are unclean. The petitioner has not filed any supplementary affidavit claiming that he has passed the Matriculation Examination in Second Division or the fraud was committed by somewhere else or by some one else. Thus, it is admitted position that the petitioner was not at all legible for applying for the post, but knowing fully well he applied and, thereafter, he also obtained the job. He did not disclose this fact even at the time of joining and it was detected at the time of routine check -up by the Department. Thus, when the facts were so clear then, in my opinion, there was no occasion for the respondents to give an opportunity to the petitioner to be heard. As the petitioner's hands are unclean therefore, he is not entitled to raise this question. 7. So far payment of salary is concerned, notwithstanding, he was not legible for appointment, but none -the -less he has thought and worked during the period from 13.12.1999 to 21.4.2001, the payment will be made for that period. But so far as termination is concerned, this order is confirmed. 8. With the above observation direction this application is dismissed.;


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