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2017 Supreme(All) 2428

ALLAHABAD HIGH COURT
BEFORE : SURYA PRAKASH KESARWANI, J.
COMMITTEE OF MANAGEMENT, INDIRA GANDHI UCHCHATAR MADHYAMIK VIDYALAYA AND ANOTHER ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 37501 of 2011, 20659 of 2012 and 3597 of 2015, decided on 30th November, 2017)

Advocates:
Advocate Appeared:
V.K. Singh, Anil Yadav and G.K. Singh for the Petitioners; C.S.C., A.K. Yadav, K. Shahi, Mahendra Upadhyay, Ravi Pratap and V.B. Mishra for the Respondents.

Headnote:Appointment—Teacher—Forged documents—Termination—Allegedly, respondent No. 4 submitted forged degree of B.Ed. (Shiksha Shastri), forged marksheet of M.A. and forged order of regularization of service—Degree of B.Ed. (Shiksha Shastri) proved to be forged—Fact of manipulation in M.A. Mark-sheet/degree is also indicative of mal-practices adopted by respondent No. 4—Appointment or approval obtained by a person on basis of forged documents, amounts to misrepresentation and fraud on employer—Merely because the employee continued in service for a number of years cannot get any equity in his favour—Impugned order passed by Services Selection Board disapproving resolution of Committee of Management for terminating services of petitioner cannot be sustained—Directions issued. [Paras 16 to 34]

       Result: Order Accordingly.

JUDGMENT :

Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Anil Yadav, learned counsel for the petitioners in Writ-A No. 37501 of 2011 and Writ-A No. 20659 of 2012, learned Standing Counsel for the State-respondents, Sri Ved Vyash Mishra, learned counsel for Sampurnanand Sanskrit University, Varanasi, respondent No. 5, Sri A.K. Yadav, learned counsel for U.P. Secondary Education Services Selection Board, Allahabad, respondent No. 2, Sri K. Shahi, learned counsel for Vishnu Shankar Singh, respondent No. 4 and also heard Sri K. Shahi, learned counsel for the petitioners in Writ-A No. 3597 of 2015, the learned standing counsel for respondent Nos. 1, 2 and 3 and Sri Ved Vyash Mishra, learned counsel for respondent No. 4.

2. Writ Petition No. 37501 of 2011 has been filed by the committee of management challenging the order dated 10/14.5.2011 passed by the U.P. Secondary Education Services Selection Board, Allahabad, whereby the decision of the Committee of Management terminating the services of Sri Vishnu Shankar Singh, respondent No. 4, assistant teacher was not approved observing that all the six charges levelled against the respondent No. 4 are general in nature.

3. Writ Petition No. 20659 of 2012 has been filed by the Committee of Management challenging the order dated 8.6.2011 passed by the District Inspector of Schools, Gorakhpur for single operation on account of failure of the Committee of Management to submit pay bill of Sri Vishnu Shankar Singh in compliance to the aforesaid order dated 14.5.2011 passed by U.P. Secondary Education Services Selection Board, Allahabad. The petitioner has also sought relief in the nature of mandamus directing the State-respondents to stop payment of salary of respondent No. 6, namely, Sri Vishnu Shankar Singh and the recovery of the illegal payments obtained by him by way of salary of the post of assistant teacher in L.T. Grade in the institution in question. A prayer for inquiry against illegal and forged appointment of respondent No. 6 has also been made.

4. Writ Petition No. 3597 of 2015 has been filed by the petitioner Sri Vishnu Shankar Singh, praying to quash the order dated 9.1.2015 passed by the District Inspector of Schools, Gorakhpur, respondent No. 2, whereby, the payment of salary to the petitioner has been stopped in consequence to the interim order dated 10.5.2011 passed in the aforesaid Writ Petition No. 37501 of 2011. The petitioner has further prayed for a direction to the District Inspector of School, Gorakhpur to pay salary to the petitioner as an assistant teacher of the institution in question.

5. Facts in brief are that Sri Vishnu Shankar Singh was appointed as an assistant teacher on 5.7.1991 in the institution,”Indira Gandhi Uchchattar Madhyamik Vidyalaya Jaswal Bazar Rajabari, Gorakhpur”. He was suspended by order dated 29.1.2010 passed by the Manager of the institution and disciplinary proceeding was initiated against him. A charge-sheet dated 4.3.2010 was served upon him. As per charge-sheet, six charges were levelled against him. Charge Nos. 1,2,3 and 5 contained allegation of forgery committed by the aforesaid Vishnu Shankar Singh by submitting forged educational qualification certificates, namely, forged degree of B.Ed. (Shiksha Shastri), forged marksheet of M.A. and forged order of regularization of service. The charge No. 3 contained the allegation of submission of three different appointment letters filed in different writ petitions, while the charge No. 6 contained the allegation of disobedience.

6. No reply to the charge-sheet was submitted by the aforesaid Sri Vishnu Shankar Singh. The inquiry committee submitted its report dated 15.3.2010. Consequently, a notice dated 19.3.2010 was issued to the aforesaid assistant teacher Sri Vishnu Shankar Singh requiring him to remain present before the Committee of Management on 27.3.2010 at 8.00 a.m. in the college premises. In the meeting of the committee of management the aforesaid assistant teacher Vishnu Shankar Sing

















































































































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