1 Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 719 of 2008 Petitioner :- Ainul Haque Qasmi S/O Mohd. Fazilat Husain ( S/S 1148/2000 ) Respondent :- Zila Basic Shiksha Adhikari, Sultanpur & Others Petitioner Counsel :- A.P. Singh Respondent Counsel :- C.S.C.,Jogendra Nath Verma Hon'ble Ferdino Inacio Rebello, Chief Justice Hon'ble Devi Prasad Singh, J.
The appellant, original petitioner, is aggrieved by the order dated
04.07.2008 passed by the learned Single Judge. By that order, the learned
Judge has upheld the order passed by respondent no.1 terminating the
services of the appellant, on the ground that the appellant, at the time of
seeking appointment, had produced a false certificate of teachers training.
We have heard learned counsel for the parties.
We find that the certificate, which has now been described as
fake/fraudulent, was sent for verification, and on 09.08.1984, the Assistant
Secretary of the Bihar School Examination Board, State of Bihar, had
confirmed that the certificate was genuine. Based on that, the appellant was
given appointment on 21.11.985. Thereafter, the appellant continued to hold
the post and, in fact, was promoted. Thereafter he was reverted and
subsequently the order of reversion was stayed by this Court.
The appellant’s certificate was once again sought to be verified, and
on 14th May, 1999, the Joint Secretary (Vigilance), Bihar School
Examination Board, informed the respondents that the certificate issued was
genuine. It appears that once again the matter was referred and at this time,
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by communication dated 15.07.1999, the Chief Vigilance Officer informed
that the aforesaid document/letter dated 14th May, 1999 was not issued bythe
office of the Bihar School Examination Board.
It is, thus, clear that insofar as the document dated 09.08.1984, till
date, has not been commented upon.
There are, therefore, several documents on record, some setting out
that the document is genuine and some setting out that the document is not
genuine, but by different authorities. In these circumstances, it was
incumbent on the respondents to have conducted an enquiry and ascertained
by themselves regarding the genuineness of the document before issuing the
order of termination.
In law, the learned Judge may have been right, in a case where the
appointment is obtained on the basis of fake caste certificate, as the said
appointment itself would be non-est. However, in the present case,
considering the documents on record, it is not possible for us at this stage to
record any finding in that respect.
In the light of that, the impugned judgment of the learned Single
Judge is set aside. The petition is made absolute in terms of prayer clause
(a). However, insofar as the other prayer clauses are concerned, at this stage,
we are not granting any relief, as we are permitting the respondents to
conduct an enquiry and pass final order after giving opportunity of hearing
to the appellant. If, in the enquiry, the authorities come to the conclusion
that the document is fake, it will be open to them to pass such orders which
they think fit and proper in accordance with law. However, if the document
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is found genuine, the appellant will be entitled to be reinstated with full back
wages.
The enquiry shall be completed not later than six months from today.
The appeal stands disposed of with the above observations.
21.7.2010
AHA
(Devi Prasad Singh, J.) (F.I. Rebello, C.J.)
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Hon’ble Ferdino Inacio Rebello,Chief Justice
Hon’ble Devi Prasad Singh, J.
Disposed of.
For orders, see order of date passed on
separate sheets.
21.07.2010
AHA (F.I. Rebello, C.J.)
(Devi Prasad Singh, J.)
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C.M. Application No. 104177 of 2008
Hon’ble Ferdino Inacio Rebello, Chief Justice
Hon’ble Devi Prasad Singh, J.
Considering the cause shown in the affidavit
filed in support of this application, the delay in
filing the appeal is condoned.
Application stands allowed.
21.07.2010
AHA (F.I. Rebello, C.J.)
(Devi Prasad Singh, J.)