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PRABHAT KUMAR SINGH
Dhanji Sah Son of Bhuti Sah – Appellant
Versus
State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna – Respondent
JUDGMENT :
Heard learned counsel for the petitioner and respondents.
2. This writ petition has been filed for setting aside the order contained in letter No. 12 dated 28.07.2023 issued by Member Secretary, Panchayat Employment Chitao , Block – Kochas by which the service of petitioner has been terminated on the basis of Vigilance enquiry and forged certificates.
3. Learned counsel for the petitioner submits that the impugned order has been passed in violation of principle of natural justice. At no point of time, petitioner was either heard or was issued any show cause notice and without hearing the petitioner, the service of the petitioner has been terminated.
4. On behalf of the respondent/State, stand was taken in the counter affidavit that pursuant to order passed by this Hon'ble Court in CWJC No. 15459 of 2014, (Ranjeet Pandit and Ors Vs. State of Bihar and Ors) the Vigilance Department Bihar, immediately verified Genuineness certificate of teacher who had been appointed from 1.7.2006 on ward. It is further Stated that the Hon'ble court vide order dated 22.6.2015 directed the State, through the Education Department to publish notice to the effect that in case any teacher of Whateve
Termination of service without a hearing violates principles of natural justice, necessitating reinstatement.
Proper verification and due process are essential before taking action based on allegations of forged certificates.
The court upheld the termination of petitioners as they failed to prove their qualifications from a recognized institution, violating no principles of natural justice.
The judgment underscores the significance of prompt scrutiny of caste certificates and the impact of false certificates on genuine candidates, emphasizing the need for swift resolution of caste-relat....
Termination of employment based on fraudulent documents is valid without a hearing, negating any employment rights.
The main legal point established in the judgment is the void ab-initio nature of the appointment based on forged and fabricated documents, leading to the termination of the petitioner's services.
The eligibility of teachers based on specific papers passed in the BETET examination and the obligation of the police to promptly conclude investigations.
The court reaffirmed that appointments based on invalid qualifications can be deemed fraudulent and upheld the necessity of proving the legitimacy of educational credentials.
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