Chief Justice's Court Case :- SPECIAL APPEAL No. - 1023 of 2010 Petitioner :- Rajesh Kumar Singh Respondent :- C/M, Shri Maharshi Balmiki Inter College Thru'Manager & Ors. Petitioner Counsel :- V.P. Shukla Respondent Counsel :- C.S.C.,J.N. Maurya,R.D. Tiwari Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
We have heard learned counsel for the parties.
In our opinion, it is a fit case to set aside the impugned order
considering the bald averments advanced by the Management that
the respondent no.4 – appellant (hereinafter referred to as the
‘appellant’) was convicted in a criminal case while he was
employed in the Government Degree College, though no
documentary evidence has been filed in support of the said
submission.
On the other hand, before this Court, appellant has produced a
copy of the judgment whereby he was acquitted and that too a
clean acquittal. Appellant has further filed before this Court an
affidavit stating that he had never been an employee of the
Government Degree College. We have also examined the form
that he has filed before the Commission wherein he has disclosed
that he was never convicted by any authority. It may also be borne
in mind that Principal of the Government Degree college had
issued a certificate that the respondent no.4 never occupied any
post in the institution.
In view of the aforesaid factual backdrop of the case, we are of the
opinion that the learned Single Judge ought not to have observed
that ‘prima facie a dismissed teacher cannot be permitted to be
appointed in an Intermediate College’ for passing the impugned
interim order ignoring the factual aspect of the case.
In the light of that, in our opinion, the learned Single Judge was
not justified in passing the impugned order. Accordingly, the
special appeal is allowed and the impugned order passed by the
learned Single Judge dated 07.05.2010 is set aside.
Order Date :- 7.7.2010
VMA
(A.P. Sahi, J.) (F.I. Rebello, C.J.)
