Aparesh Kumar Singh, J. - (1.) HEARD counsel for the petitioner and State.
(2.) PETITIONER is aggrieved by the impugned order vide letter No. 372 dated 4.3.2004 (Annexure -19/1) issued by the District Superintendent of Education, Deoghar whereby he has been restrained from working on the post of Assistant Teacher on the ground that his services were terminated by letter No. 4235 -60 dated 3.5.1989 since his certificates on the basis of which he was appointed was found to be forged. As per the impugned letter the petitioner had continued in service even thereafter and therefore, the Area Education Officer, Madhupur was directed to immediately stop the petitioner from working who was posted in Primary School, Lathjhari Palajori and also to register an F.I.R. against him. Petitioner's case is that he was appointed as a Matric Untrained Teacher vide Annexure -1 dated 20.2.1988 in the category of Scheduled Tribe Male and posted at Kundharo Primary School at Sarath in the newly created unit. He submitted his joining in the office of Block Education Extension Officer, Sarat on 27.2.1988. Immediately after that petitioner became ill and after intimating the Controlling authority he proceeded for medical treatment from 21.9.1988 to 12.11.1993. He however was allowed to join before the District Superintendent of Education, Deoghar after his recovery vide Memo No. 384 dated 6.2.1994 and was posted at Singhani Primary School at Sarwan. Petitioner, thereafter, continued to discharge his duties in the said school and was sent for training along with 103 Un -Trained Matric Teachers at District Education Teachers Training Institute, Jasidih, Deoghar upon the direction of Director, Primary Education cum Special Secretary, Bihar vide letter No. 1627 dated 3.9.1997. Pursuant to order contained in memo No. 402 -551 Deoghar dated 17.3.1998 issued by the District Education Officer, Deoghar, petitioner was relieved to attend the said training. Petitioner after having undergone the training faced the examination in the year 2002 and his result were also declared by Jharkhand Secondary Examination Board, which is at Annexure -10. Again by the order of the District Superintendent of Education, Deoghar dated 14.7.2001 he was posted at Primary School Latjhari at Palajori where he was last posted when the impugned order was issued. It is stated by the petitioner that he had submitted the appointment letter, service book and other educational certificates before the Block Education Extension Officer, Palajori on his direction dated 13.11.2001. Thereafter, petitioner's salary was withheld for certain period from January 2002 and his certificates were submitted before the Sub Divisional Education Officer through letter dated 13.11.2003. During all these period his salary was withheld till the impugned order was issued on 4.3.2004 by the District Superintendent of Education.
(3.) LEARNED counsel for the petitioner points out to the office order dated 5.11.2003 (Annexure -15) where under the District Superintendent of Education, Deoghar after having inquired into the matter had revoked the office order dated 5.1.2002 by which his salary was withheld. By the said order dated 5.11.2003 it was also held that none of the charge against the petitioner prima facie were found to be established on the issue of educational and teachers training qualification. In the aforesaid factual background, the impugned order has been assailed on behalf of the petitioner on the following grounds: - (i) He was appointed as Un -Trained Teacher and after his rejoining upon recovery from illness, while he was posted at Primary School, Singhani at Sarwa, he was sent for training at the Government Teachers Training Institute, Jasidih, Deoghar and therefore the whole ground that he obtained appointment as a Matric Trained Teacher on the basis of forged certificates is factually without foundation. (ii) It is submitted that the respondents have miserably failed to bring on record any such order of termination said to have been passed upon verification of the certificates produced during his appointment except the copy of the dispatch register showing the dispatch letter No. 4233 -00 dated 3.5.1989. (iii) It is submitted that the teachers who were also appointed by the said appointment letter annexed as Annexure -1 were also sent for training like the petitioner. Name of Shyam Sunder Murmu and Varan Soren who were appointed by same order dated 20.2.1988 (Annexure -1) were also sent for training vide order at Annexure -8 dated 17.3.1998 by which petitioner and others were sent for teachers training. Therefore, the respondents are not correct in stating that petitioner got appointment as Matric Trained Teachers on the basis of forged documents. (iv) Learned counsel for the petitioner also submits that during the course of the proceeding of the case earlier upon direction of the Court his Matric certificate was sent to Bihar School Examination Board and as per the supplementary counter affidavit filed by the respondents themselves on 14.7.2014, the same has been found to be genuine and authentic document upon verification. (v) It is submitted that the petitioner who was continuing in service for more than 11 years since his rejoining in 1993 has been in effect terminated, without any issuance of show cause notice or any departmental inquiry against the petitioner by the impugned order. (vi) The basis for issuance of the impugned order being absent, the service of the petitioner could not have been terminated in such an arbitrary and unreasonable manner. In support of the aforesaid fact learned counsel for the petitioner has referred to the order dated 22.8.2006 whereby respondents were directed to produce the copy of the original order of termination allegedly passed on 3.5.1989 before this Court on the next date of hearing which they have never produced. (vii) It is further submitted that none of the other 5 persons whose name also figured in the dispatch register on 3.5.1989 have been dismissed from service. In the wake of aforesaid facts and submission, the impugned order has been assailed as being wholly arbitrary and amounting to an illegal termination of his service without following the requirement of law or any disciplinary proceeding.;