Pramath Patnaik, J. - (1.) In the accompanied writ application, the petitioner has inter-alia prayed for quashing of the order dated 12.02.2014 passed by the respondent no.3 pertaining to termination from services on the post of Sevika of Aanganbari Centre, Jiyakhara, Deoghar and for direction to respondent to reappoint the petitioner on the former posts.
(2.) The facts as emanated from the writ application, in a nutshell is that the impugned order of termination dated 12.02.2014 vide Annexure-2 to the writ application has been passed in violation of principle of natural justice and the order of termination suffers from malafide motive and smacks of arbitrary power on the part of the respondent no.3. Learned counsel for the petitioner further submits that the impugned order has been passed by the respondent no.3 who is not the competent authority to pass the order therefore, the impugned order is not legally sustainable and liable to be quashed.
(3.) Per-contra, controverting the averments made in the writ application, a counter-affidavit has been filed by the respondent nos.2 to 5. Learned counsel for the State, J.C to A.A.G has reiterated submissions made in the counter affidavit. During course of hearing, learned counsel for the State has assiduously submitted that the petitioner is not entitled to benefit as per the averment made in the writ application and the writ petition is liable to be quashed with exemplary cost because the petitioner has been accused of indulging in committing forgery of certificate produced by him. On perusal of the said certificate it is quite apparent that the date of birth is mentioned as 21.10.1991, issued from the Jharkhand Academic Council, Ranchi and the copy of the provisional certificate produced by the petitioner has been annexed as annexure-C to the counter-affidavit. Learned counsel for the State further submits that an affidavit sworn by the petitioner dated 15.05.2007 in which the petitioner date of birth is mentioned as 01.05.1988, contrary to the date of birth mentioned in the certificate produced by her which goes to prove the malafide intention on the part of the writ petitioner and the selection of the petitioner has been made on the forged certificate regarding date of Birth.;