An employee cannot be held guilty of fraud or forgery without clear evidence of intentional misrepresentation, especially when documentation discrepancies arise from administrative errors.

JUDGMENT :

Manju Rani Chauhan, J.

1. By means of present writ petition, the petitioner has challenged an order dated 31.07.2021 passed by third respondent,[District Basic Education Officer, Ballia] [AFR], whereby services of the petitioner, who is an Assistant Teacher, have been terminated on the ground that he is alleged to have obtained appointment on the basis of forged certificate of freedom fighter’s dependent. By the order impugned, he has also been directed to deposit the salary back, received by him, into the State Exchequer.

2. Facts of the case, in brief, are that the petitioner was appointed as an Assistant Teacher in Junior Basic School, Yadav Basti Chibbi, Block Chilkahar, Ballia, under the category of dependents of freedom fighter[DFF] He joined his services on 22.10.2020 and since then he has been working on the aforesaid post. During verification of documents, it revealed that dependent certificate of freedom fighters dated 04.04.2008 as provided by the petitioner is not available at Sl. No. 1114 in the relevant records of District Magistrate, Ballia – fourth respondent, whereas name of one Harmeet Singh is mentioned at Sl. No. 1114. Thereafter, the third respondent issued a show cause notice to the petitioner on 24.03.2021. The petitioner approached the office of fourth respondent, whereupon he was issued another certificate on 01.04.2021. The petitioner appeared before the third respondent and submitted his reply on 06.04.2021 and placed all relevant documents along with the certificate issued on 01.04.2021. The third respondent issued another show cause notice to the petitioner on 01.07.2021 asking about the issuance of two certificates for the dependent of freedom fighter issued on 04.04.2008 and 01.04.2021. Pursuant thereto, the petitioner submitted a detailed reply on 24.07.2021, appending all the relevant records including documents of his late grandfather showing that he was a freedom fighter. The third respondent by the order impugned terminated the petitioner’s services on the ground that the certificate dated 04.04.2008 appears to be forged. Said order is under challenge in the present writ petition.

3. Learned counsel for the petitioner submits that the petitioner is the dependent of freedom fighter late Shubh Narain Singh. His date of birth is 15.07.1991. He was issued a certificate of dependent of freedom fighter, bearing no. 1114 dated 04.04.2008 by the fourth respondent, when he was about sixteen and half years old. An advertisement was issued on 18.01.2021 inviting applications for the posts of Assistant Teachers. The petitioner, being the dependent of freedom fighter, applied under the said category. He appended the certificate issued by the fourth respondent on 04.04.2008 along with his application form.

4. It is further submitted by learned counsel for the petitioner that being eligible for the post of Assistant Teacher, the petitioner was selected as an Assistant Teacher and was posted at Junior Basic School, Yadav Basti, Chibbi, Block Chilkahar, District Ballia. He joined his services at the said institution on 22.10.2020. Learned counsel for the petitioner next submits that the petitioner was discharging his duties with sincerity and utmost dedication and there was no complaint whatsoever against him.

5. During verification, all documents submitted by the petitioner were found genuine, however, with respect to the certificate for dependent of a freedom fighter, of the petitioner, it was informed by the fourth respondent that at Sl. No.