Back
IN THE HIGH COURT OF CALCUTTA
Soumitra Pal, J.
Shampa Dey - Petitioner
Versus
State of West Bengal and others - Respondents
W.P. Nos. 14290-91 (W) of 2012 With W.P. Nos. 14293-14302 (W) of 2012.
Decided on : 3-7-2013
For the Petitioner:Swapan Kumar Nandi and S.N. Chattopadhay, Advocates.
For the State :Sadhan Kumar Halder, Joytosh Majumdar, Biswaji Ghosh, Debjani Ray, Pinaki Dhole and Arindam Sinha, Advocates.
A candidate who furnishes false or incomplete information or withholds or conceals any material information in his application will be debarred from securing employment, and even if such an applicant is already appointed, his services are liable to be terminated for furnishing false information.
Headnote:
PUBLIC EMPLOYMENT - TERMINATION OF SERVICE - VIOLATION OF PRINCIPLES OF NATURAL JUSTICE - SUPPRESSION OF EDUCATIONAL QUALIFICATION - VALIDITY OF TERMINATION ORDER - APPLICABILITY OF JUDGMENTS IN MANASHI GHOSH V. STATE OF WEST BENGAL AND OTHERS AND CHAITALI DAS V. STATE OF WEST BENGAL AND OTHERS - RELIANCE ON UNION OF INDIA AND OTHERS V. SUKHEN CHANDRA DAS AND MANOJ KUMAR V. GOVERNMENT OF NCT OF DELHI AND OTHERS - RELEVANCE OF RINA DUTTA AND OTHERS V. ANJALI MAHAT AND OTHERS - INTERPRETATION OF MEMORANDUM DATED 25TH JANUARY, 2006 AND ADVERTISEMENT DATED 5TH JULY, 2006 - JUSTIFICATION FOR TERMINATION WITHOUT OPPORTUNITY OF HEARING.
Fact of the Case:
A writ petition was filed by an Anganwadi Worker challenging the order of termination of her service on the ground that it was passed in violation of the principles of natural justice. The petitioner had suppressed her educational qualification in her application, which was in violation of the condition of appointment in the service. The respondents relied on the judgments in Union of India and others v. Sukhen Chandra Das and Manoj Kumar v. Government of NCT of Delhi and others in support of their submission that the termination was just and proper.
Finding of the Court:
The court held that the impugned order of termination was just and proper. The court relied on the judgments in Union of India and others v. Sukhen Chandra Das and Manoj Kumar, which held that furnishing false information shall lead to termination. The court also referred to the judgment in Rina Dutta and others v. Anjali Mahato and others, which held that in cases where the advertisement specifically bars graduates from applying for the post, the respondents were justified in issuing the order of termination without giving an opportunity of hearing.
Issues: Whether the termination of the petitioner's service was just and proper.
Ratio Decidendi: The court held that the termination of the petitioner's service was just and proper because: 1. The petitioner had suppressed her educational qualification in her application, which was in violation of the condition of appointment in the service. 2. The advertisement dated 5th July, 2006 clearly barred the graduates from applying for the post. 3. The judgments in Union of India and others v. Sukhen Chandra Das and Manoj Kumar held that furnishing false information shall lead to termination. 4. The judgment in Rina Dutta and others v. Anjali Mahato and others held that in cases where the advertisement specifically bars graduates from applying for the post, the respondents were justified in issuing the order of termination without giving an opportunity of hearing.
Final Decision: The court dismissed the writ petition.
Soumitra Pal, J.
Since issues are identical, the matters are taken up for hearing analogously. However, for the sake of adjudication the facts in the writ petition, being W.P. 14290 (W) of 2012 (Shampa Dey v. State of West Bengal and others) are referred to for proper appreciation.
2. In this writ petition the petitioner, an Anganwadi Worker, has challenged the order of termination dated 31st January. 2008 issued by the Child Development Project Officer, Integrated Child Development Scheme Project, Pandua, Hooghly, the respondent No. 5 terminating her service on the ground that the order was passed in violation of the principles of natural justice. Mr. Nandi, learned Advocate for the petitioner has relied on unreported orders passed in W.P. 12204 (W) of 2011 (Manashi Ghosh v. State of West Bengal and others) and in W.P. 19895 (W) of 2012 (Chaitali Das v. State of West Bengal and others) in support of his submission.
3. Mr. Majumdarand Haider, learned Advocates for the respondents submit that as the memorandum dated 25th January, 2006 stipulates that the candidates who are graduates will not be eligible for the post of Anwangadi Worker and if a graduate candidate suppresses her academic qualification, if selected would be terminated without assigning any reason and as the advertisement dated 5th July, 2006 had stipulated that graduates were barred from making application and as the petitioners had suppressed their qualifications, in view of the specific condition in the advertisement, the orders of termination passed are just and proper. Reliance has been placed on the judgment of the Apex Court in Union of India and others v. Sukhen Chandra Das, (2008) 17 SCC 125 and in Manoj Kumar v. Government of NCT of Delhi and others ; (2010) 11 SCC 702in support of their submission.
4. Learned Advocates for the respective parties have also relied on the judgment passed by the Special Bench in Rina Dutta and others v. Anjali Mahato and others, 2010 (2) CLJ (Cal) 321.
5. Admittedly the petitioner had applied for the post of Anganwadi Worker and was selected. After it was detected that she had suppressed her qualification and had submitted a false declaration in her application which was in violation of the condition of appointment in the service, her engagement was terminated with effect from 1st February, 2008. The question is whether such termination is just and proper. In order to answer the issue, it is necessary to refer to the relevant portion of the memorandum dated 25th January, 2006, issued by the Government of West Bengal, Department of Women and Child Development and Social Welfare, Kolkata, which is as under:
I. All candidates will have to give a declaration regarding her maximum academic qualification.
II. Candidates who are graduates will not be eligible for a post of Anganwadi Worker. If a graduate candidate suppresses her academic qualification and if selected to a post of Anganwadi Worker, her services will be terminated forthwith without assigning any reason. "
6. In this respect it is also relevant to refer to the fourth paragraph of the advertisement dated 5th July, 2006 wherein it was stipulated that a candidate having passed Madhyamik Examination or equivalent examination and a candidate belonging to the scheduled caste and scheduled tribe having passed class (VIII) would be eligible to apply. However, it was specifically stipulated that a graduate or a person having higher degree was barred from applying for the post. Pursuant to the advertisement the petitioner applied, became successful and joined. Thereafter, the impugned order dated 31st January, 2008 was issued terminating her service on the ground that she had given a false declaration. The said order is as under:-
"Government of West Bengal
Child Development Project Office
Pandua Child Development and Welfare Project Pandua, Hooghly.
Memo No. 37/PND/ICDS
Dated 31.01.2008
Sender:
Child Development Project Officer,
Pandua Organisation Child Development and Welfare Pro
