2001 Supreme(Guj) 201

Gujarat High Court
Judgename :S.K.Keshote
MAHESHKUMAR NAROTTAMBHAI KANTHARIA - Appellant
Versus
ADMINISTRATIVE OFFICER, NAGAR PRATHMIK SHIKSHAN SAMITI, surat - Respondent
S.C.A. 2788 of 1992
Decided On : 03/22/2001

Headnote:

Constitution of India - Articles 226, 14 and 16 - Primary Education Act - Section 6 - petition under Art. 226 of the Constitution of India therein the petitioner prayed for declaration that the order dated Annexure-D passed by the respondent No. 1 without following due process of law and without holding inquiry and without affording opportunity of hearing is null void and illegal and against provisions of Arts. of the Constitution of India - Prayer has also been made for quashing and setting that order. Second prayer is made for declaration that the petitioner continues in service without break as if the order dated Annexure-D has never come into existence and directing the authorities to pay to the petitioner his legitimate dues including arrears of salary and other monetary benefits including all service benefits as may be admissible to the petitioner - Petition are that the petitioner belongs to Scheduled Caste and is S. S. C and was appointed as which is Class IV post equivalent to the post of peon-in school runs and maintained - Petitioner later on was transferred to school under the control of respondent - Petitioner felt sick and was under the medical treatment - Petitioner stated that he sent his leave application through his wife intimating that he is under medical treatment and would report for duty on his recovery - It is admitted that the petitioner does not have copy of the application for leave as the said application was sent through his wife - Petitioner has not produced the copy of the leave applications which were alleged to have been sent to the respondent through his wife - Respondent gave notice date - Petitioner the petitioner had agreed to attend the school - Held, petitioner was reported to be fit to join his duties on and if from the very next date he would not have been in a position to attend the duties he could have taken treatment but that has not been done - Now from he was treated by Medical Officer Health Centre as an outdoor patient - There is an apparent fact which emerges from this certificate which makes it clear that the petitioner is an absolute liar - He was not ill and he manufactured this document - Certificate certifies that he was under treatment for malaria as an outdoor patient of this hospital from and outdoor registration - This outdoor registration has been made on as he wanted to show his absence due to a sufficient cause - This certificate is absolutely a manufacture document - This is a clear case of using of some blank space in the register - Petitioner has not produced the prescription when he was an outdoor patient from - Prescription has to be prepared and it has to be produced. It was not produced. This date if we go by the document is a deliberate attempt - There are two contrary statements in this certificate. Outdoor registration and he was under the treatment of hospital from - These two do not tally and makes this certificate to be nothing but only a manufacture document - Petitioner has not produced any cash memo for the purchase of medicine - Naturally if he was outdoor patient doctor would have prescribed medicine and in case he really would have been ill and certificate would have been genuine then medicines would have been purchased - Hence this certificate also cannot be relied upon - Though at one point of time I thought of to call the record of Municipal Corporation re-issue certificate to the petitioner as it prima facie appears to be a manufacture document but taking into consideration the fact that the petitioner is a Class-IV employee his services are terminated I do not consider it to be appropriate to proceed in that direction - There is also another possibility that doctor may not be available or the record may not be available. However this petitioner otherwise also in the facts of this case is not fit to be retained in services - He is most in disciplined person and in a habit of telling lie and manufacturing documents - Special civil application fails and the same is dismissed.