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AMBUJ NATH
Md. Manjar Alam S/o Md. Nayeem Uddeen – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
AMBUJ NATH, J.
1. Heard the parties.
2. All these writ petitions arise out of the same cause of action, as such, all these writ petitions are being disposed of by a common order.
3. The petitioners have filed these writ applications for quashing the order passed in Memo No. 438 dated 08.02.2017, passed by respondent No. 3, District Superintendent of Education, Dhanbad, whereby and wherein, the respondent No. 3 has terminated the services of the petitioners without providing an opportunity of being heard.
4. The petitioners have further prayed for issuance of directions upon the respondents to reinstate their services with payment of the entire salary for the period they have actually worked alongwith arrears with immediate effect.
5. The petitioners had qualified in Teacher's Eligibility Test 2012 for Assistant Teacher of Class-I to V, held in the month of April, 2013 and subsequently, by virtue of which Appointment Memo No. 4804 dated 14.12.2015 were issued to the petitioners. The petitioner Md. Manjar Alam in [W.P. (S) No. 2260 of 2017] has joined at Govindpur, Dhanbad on 08.01.2016. The petitioners Pintu Kumar, Pankaj Kumar and Archana Kumari in [W.P. (S) No. 2263 of 2017]
Termination of employment based on fraudulent documents is valid without a hearing, negating any employment rights.
The court upheld the termination of petitioners as they failed to prove their qualifications from a recognized institution, violating no principles of natural justice.
Fraudulent appointments are void ab initio, and individuals securing employment through deceit cannot claim protections under Article 311 of the Constitution.
Termination of service without a hearing violates principles of natural justice, necessitating reinstatement.
Termination orders must be communicated to be effective; failure to do so renders them invalid, affirming the statutory rights of employees to their positions and benefits.
No opportunity of hearing is warranted when employment is secured through fraudulent means; fraudulent appointments necessitate strict scrutiny to uphold integrity in education.
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