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2023 Supreme(UK) 588

MANOJ KUMAR TIWARI
Rohitas Singh – Appellant
Versus
Director, Primary Education, Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Aditya Singh.
For the Respondent: V.S. Rawat.

JUDGMENT :

MANOJ KUMAR TIWARI, J.

1. Petitioner was appointed as Assistant Teacher in a Basic School in erstwhile State of Uttar Pradesh, vide order dated 14.02.1997. A charge-sheet dated 07.09.2015 was served upon him with a covering letter dated 24.09.2015, asking petitioner to give reply to the charge that he obtained appointment on the post of Assistant Teacher on the basis of forged marks sheet of Basic Teachers Certificate (B.T.C.) and marks sheets/certificates of High School and Intermediate Examination.

2. The reply given by petitioner to the charge-sheet is on record as Annexure CA-2 to the counter affidavit filed by respondent no. 3. Perusal of reply reveals that petitioner did not deny the charges, and he simply said that he has produced the evidence regarding the charges before Hon’ble High Court, and whatever decision is taken by Hon’ble Court, shall be acceptable to him.

3. It is revealed that petitioner was put under suspension, vide order dated 25.08.2015 and he had challenged the suspension order by filing WPSS No. 2055 of 2015, which was disposed of vide order dated 07.01.2016 with a direction to the Competent Authority to conclude the disciplinary proceeding within t

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