- (1.) In the accompanied writ application, the petitioner has inter alia prayed for issuance of a writ of certiorari quashing the letter dated 29.04.2009 (Annexure-7 to the writ petition) pertaining to dismissal of the petitioner from services and for direction to the respondents to allow his reinstatement with back wages.
(2.) Bereft of unnecessary details, the facts as described in the writ application, in a nutshell is that the petitioner was put under suspension vide Annexure-1 to the writ application, while allowing fake teacher's joining and also for disbursement of salary in their favour. The charge was framed against the petitioner and departmental proceeding was drawn during which he attended the enquiry proceeding. It has been averred in the writ application that the petitioner accepted the joining of the teachers on the basis of mass scale of transfer all over the State i.e. in South Chotanagpur vide letter nos.5205 dated 15.09.1995 and 5421 dated 26.10.1995 as per Annexures-4 and 4/A of the writ petition, wherein it has been expressly instructed to the Principal/Headmistress to take their joining within a week and this has also been brought to the knowledge of the D.E.O. of the School Inspectors etc. and their officers. During enquiry it has been found that the teacher's joining in the school was fake and appropriate action was ordered against the persons involved. The State Government also ordered for lodging F.I.R against the fake teachers. It has further been stated in the writ application that some of the teachers approached this Court in W.P.(S) No.960 of 2005 and an interim protection has been allowed in their favour. The petitioner was dismissed from services and the appeal filed by the petitioner has been rejected. Being aggrieved by the order of dismissal and the order of the appellate authority, left with no alternative and efficacious remedy, the petitioner has approached this Court under Article 226 of the Constitution of India, invoking extraordinary jurisdiction of this Court for redressal of his grievance.
(3.) Per contra, respondents have filed counter affidavit controverting the averments made in the writ application. In the counter affidavit, it has been submitted that the Director, Secondary Education, Bihar, Patna vide letter no.1953 dated 07.07.2004 informed that some fake teachers are working in the Ram Vilas +2 High School, Bermo, Bokaro. Subsequently, pursuant to above said letter, District Education Officer, Bokaro was directed to submit report vide letter dated 07.10.2004. The District Education Officer, Bokaro reported that 15 fake teachers were working in the said school, therefore, vide memo dated 03.01.2005 direction was issued to District Education Officer, Bokaro to stop their payment of salary. After thorough verification it was found that the petitioner, the then Headmaster, Ram Vilas +2 High School, Bermo, Bokaro accepted the joining of 11 fake teachers without proper verification of their appointment letters and allowed the payment of their salary. The petitioner also allowed the joining of so called fake teachers without genuine order of Director, Secondary Education, Bihar, Patna. The petitioner was responsible for joining of 11 fake teachers, consequently he was suspended vide letter dated 04.09.2001 and put under departmental enquiry. The Regional Deputy Director of Education, North Chhotanagpur Division, Hazaribagh submitted his report vide memo dated 24.04.2002 and recommended that the petitioner should be exonerated from suspension but he should be put under further departmental enquiry. On his recommendation, the order of suspension was revoked. However, further departmental enquiry continued and the enquiry committee also found the petitioner guilty of accepting the joining of fake teachers and helping in the disbursement of salary to them causing pecuniary loss to the Government Exchequer. The petitioner was again suspended vide order dated 03.01.2005. Thereafter, charge sheet was issued to the petitioner vide memo dated 01.07.2005 for further enquiry by the Regional Deputy Director of Education, North Chhotanagpur Division, Hazaribagh, who submitted his report and found that the charge levelled against the petitioner prima facie stands proved vide annexure-A to the counter affidavit. Thereafter, the petitioner was issued second show cause vide letter no.183 dated 18.01.2007. The petitioner failed to produce any witness in his favour, consequently, he was dismissed from services vide letter dated 29.04.2009 under Rule 9(1) of Civil Services (Classification, Control and Appeal) Act, 2002. In pursuance to order dated 09.02.2011 in W.P. (S) No.1150 of 2009, the petitioner filed appeal before the appellate authority i.e. Principal Secretary, Human Resources Development Department against the order dated 29.04.2009 and the appellate authority heard the petitioner on 30.07.2011 and found that the petitioner did not produce any new fact in his favour and just reiterated what he had said in his second show cause as the allegations levelled against the petitioner were of grave nature and warranted major punishment, therefore, his appeal petition was rejected vide order dated 16.08.2011. Moreover, the District Education Officer, Bokaro has been directed to stop the salary payment of fake teachers and file certificate case as well as criminal case against the fake teachers for recovery of amount paid to them as salary, as evident from Annexure-C to the counter affidavit. The petitioner worked in complicity with the fake teachers and was a part of the whole plot while accepting their joining and allowed the payment of salary causing irreparable loss to the Government Exchequer, therefore, he has been rightly dismissed from service.;