- (1.) THIS appeal has been preferred by Dinesh Mahto against the judgment dated 25.06.2011 passed by Jharkhand Education Tribunal, Ranchi in connection with Case No. 50 of 2009 (JET) whereby petition filed by the appellant for quashing of letter No. 34 of 2008 dated 20.12.2008 issued by respondent no.2 by which appellant's service has been terminated with effect from 26.11.2008 and for payment of his salary since February, 2006 withheld by the respondents without cogent reason, have been dismissed.
(2.) THE facts in brief is that late Kalindar Mahto father of the appellant was working as Assistant Teacher at Joel Lakra High School, Ranikhatnga, Itaki, Ranchi and he had rendered his service from 15.1.1970 to 14.11.1984 and died during service period. After death of Kalindar Mahto, the appellant filed application for his appointment on compassionate ground and the request made by the appellant was considered by the Management of the school and he was appointed as an Assistant Teacher to teach economics against sanctioned post vide letter No. 20 dated 14.05.1993. After issuance of appointment letter, the appellant gave his joining and started working as an Assistant Teacher. The appointment of appellant stood approved by School Service Board, Bihar with condition that the school management would make arrangement to get the appellant trained (Annexure -5). He was also given benefit of pay revision. Experience certificate was also granted in his favour to the effect that he has been working since 14.5.1993 to 10.12.2002 (Annexure -6). The Incharge Headmaster vide letter No. 48 of 2006 dated 22.11.2006 informed the District Education Officer that salary of the appellant has been withheld in view of letter no. 2365 dated 12.09.2005 issued from the office of Director, Secondary Education. The Incharge Headmaster requested the D.S.E. to make necessary arrangement for providing training to appellant. Thereafter in order to comply the condition and also in view of the letter no. 2365 dated 12.09.2005 issued from the office of the Director, Secondary Education, the appellant took admission in 'NABABHARAT SHIKSHA PARISHAD' (hereinafter called as (N.S.P.) India) to complete B.Ed. course in the year 2008 vide admission receipt (Annexure -8). The appellant appeared in the examination held by 'NABABHARAT SHIKSHA PARISHAD' and completed bachelor of education programme (B.Ed.) (Annexure -10). Suddenly vide letter No.S 34/08 dated 20.12.2008 issued by the Secretary, Joel Lakra High School, Ranikhatanga the appellant was informed that he has been removed from his serivce from 26.11.2008.
(3.) THE appellant has challenged the order by which his salary was withheld and the order by which he has been removed from service. He had placed all the documents and evidence before the Tribunal but the Tribunal has arbitrarily rejected the prayer and hence this appeal. The appellant has assailed the impugned order dated 25.06.2011 passed by Jharkhand Education Tribunal, Ranchi in connection with Case No. 50 of 2009 (JET) mainly on the ground that he was given time to complete his B.Ed. course by the end of 2008 but before that he has been terminated from his service with effect from 26.11.2008 vide letter No. S 34/2008 (Annexure -11) to the appeal. There is violation of principle of natural justice. The appellant had been rendering his service to the school since the date of his appointment but suddenly his salary has been directed to be withheld since February, 2006. The documents on record show that he was imparting education to the students with best of his ability and knowledge and in this connection certificate was also issued by the Headmaster. Without giving any chargesheet or holding departmental enquiry, the appellant has been terminated from his service which is completely against the law and violation of Article 309,310 and 311 of the Constitution of India. The learned Tribunal has considered documents and collected information to justify the order but, in fact, those information and documents relied upon are incorrect. The appellant was already graduate and he had completed his B.Ed. course from a recognized institution and furnished certificate but those documents were not considered and he has been removed from the service without cogent reason. In the circumstances, the findings of the learned Tribunal are liable to be set aside. Consequently, the order of termination and the letter by which salary of the appellant has been withheld are also liable to be quashed and the appellant may be reinstated in his service with full back wages and other benefits for which he is entitled in the law and equity.;