[2025:RJ-JP:34712]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5827/2002 Krishna Gopal S/o Shri Ram Charan, aged 57 years, R/o Bagcholi Khar, Police Station Maniya, District Dholpur (Rajasthan)

1/1 Smt. Meena W/o Late Shri Krishan Gopal, aged 53 years, R/o Village & Post Bagcholi (Khar), Tehsil Mania, District Dholpur (Rajasthan).

1/2 Dhruv Narayan Dubeydi S/o Late Shri Krishan Gopal, aged 34 years, R/o Village & Post Bagcholi (Khar), Tehsil Mania, District Dholpur (Rajasthan).

1/3 Vijay Narayan Dubey S/o Late Shri Krishan Gopal, aged 32 years, R/o Village & Post Bagcholi (Khar), Tehsil Mania, District Dholpur (Rajasthan).

1/4 Veena Sharma D/o Late Shri Krishan Gopal W/o Praveen Kumar Sharma, aged 29 years, R/o Gali Number 6, Near Balwant Aata Chakki, Sonipat, Adarsh Nagar, Sonipat, Haryana (Rajasthan).

----Petitioners Versus

1. The State of Rajasthan through Secretary, Education Department, Government Secretariat, Jaipur.

2. The Director, Primary Education, Education Department, Government of Rajasthan, Bikaner.

3. The Chief Executive Officer, Zila Parishad, Dholpur.

4. The Development Officer, Panchayat Samiti, Baseri, District Dholpur.

----Respondents For Petitioner(s) : Mr. Mahendra Shah, Sr. Adv. with Ms. Pragya Seth For Respondent(s) : Mr. G. K. Sharma, AGC HON'BLE MR. JUSTICE MANEESH SHARMA

Order

29/08/2025

1. The present writ petition has been preferred by the petitioner under Article 226 of the Constitution of India, assailing the dismissal order dated 26.09.1994 issued by the Development Officer, Panchayat Samiti, Baseri, Distt.-Dholpur, whereby the petitioner was terminated owing to submission of forged Marksheet by the petitioner.

2. Brief facts giving rise to the present writ petition are that, the petitioner was selected for the post of Teacher Grade-III vide order dated 04.11.1988 issued by the District Establishment Committee, Dholpur; subsequent to which, vide order dated 18.11.1988 issued by the Development Officer, Panchayat Samiti, Baseri, Distt.-Dholpur, the petitioner was appointed to the post of Teacher Grade-III; and after completion of the probation period of two years, the petitioner was confirmed to the said post vide order dated 04.01.1993 (Annexure-1). Thereafter, the Development Officer, Panchayat Samiti, Baseri, Distt.-Dholpur, issued two (2) Show Cause Notices (SCN): SCN dated 04.03.1993 (Annexure-2) and SCN dated 12.08.1993 (Annexure- 3), based on the suspicion that the Higher Secondary Examination Marksheet produced by the petitioner, allegedly issued by the Secondary Education Board, Bhopal, Madhya Pradesh, were forged (hereinafter referred to as the “Marksheet”).

3. After the petitioner received the aforesaid SCNs calling upon him to show cause as to why his services should not be terminated, the petitioner replied to the aforesaid SCNs vide letter dated 21.08.1993 (Annexure-4), wherein the petitioner refuted the allegations posed in the SCNs (Annexure-2 and 3), contending that he had not committed any fraud and prayed for withdrawal of the proceedings as well as revocation of the suspension. Subsequently, a charge-sheet was issued, and after holding an inquiry, the petitioner was dismissed from service vide order dated 26.09.1994 (Annexure-7).

4. Learned counsel for the petitioner submitted that the petitioner was not afforded an opportunity to be heard, and that the petitioner was acquitted vide order dated 21.03.2002 (Annexure-8) passed by the learned Additional Chief Judicial Magistrate, Bari, in Criminal Case No. 369/1994 for the offences under Sections 420, 467, 468 & 471 of the Code¹. Therefore, the impugned order (Annexure-7) is unsustainable in the eyes of law. 5. Per Contra, the learned counsel for the respondent has supported the impugned dismissal order (Annexure-7) and vehemently opposes the submissions made on behalf of the petitioner. He rebutted the petitioner's case by contending that as soon as the respondent-Panchayat Samiti became suspicious abou