NARENDRA KUMAR VYAS
Shivratri Prasad Kesharwani S/o Gopal Prasad Kesharwani – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The petitioner has filed present writ petition assailing the order dated 11.03.2020 by which services of the petitioner who is working as Assistant Teacher (LB) has been terminated on the count that the petitioner has secured appointment on the basis of forged marksheet of Higher Secondary School Certificate of the year 2004.
2. The facts projected in the writ petition in brief is as under:
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A termination order based on allegations of misconduct without conducting a departmental inquiry is stigmatic and punitive in nature, requiring compliance with principles of natural justice.
Employment obtained through fraudulent documentation does not require adherence to formal disciplinary procedures, as fraud vitiates employment.
Termination without due process violates natural justice; confirmed employees must be given an opportunity to present their case per established service rules.
Court in its jurisdiction under Article 226 of Constitution of India, where it is established that appointment is obtained by fraud, cannot allow fraud to perpetuate by accepting a plea of a person t....
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