Jharkhand High Court
Shobha Kumari vs State Of Jharkhand & Ors on 19 August, 2011
Author: D.N.Patel
Bench: D.N.Patel
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(S) No.5800 of 2009
Shobha Kumari ... ... Petitioner
Versus
State of Jharkhand & Others ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE D.N.PATEL
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For the Petitioner: M/s Arwind Kumar
For the Respondents: J.C. to G.P.II
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04/Dated 19th August, 2011
1. This writ petition has been preferred mainly for the reason that services of the present petitioner has been terminated, vide order dated 30th June, 2006 (at annexure 5 to the memo of the petition) mainly on the ground that the certificate of matriculation examination, which was supplied by the petitioner to the respondents was found to be false and fabricated.
2. Counsel appearing for the petitioner submitted that if an opportunity of being heard had been given to the petitioner, it could have been brought to the notice of the respondents that there is typographical error in the Roll Code of the said marksheet. Incorrect Roll Code is 8282, whereas the correct roll code is 8228. The petitioner, after verifying the correct position immediately applied for duplicate marksheet with correct Roll Code No. 8228 which was supplied by the Bihar School Examination Board, Patna to the petitioner. However, only three days time was given to the petitioner to file reply. The petitioner, in response to the letter of the respondents dated 2nd June, 2006, filed a reply, vide letter dated 5th July, 2006 (wrongly mentioned as 5.6.2006), though slightly late, but in the reply the correct facts were brought to the notice of the respondents that the correct Roll Code issued to the petitioner in the matriculation examination is 8228, as is apparent from the duplicate marksheet issued by the Bihar School Examination Board, Patna and in the said letter a request for re- verification was also made. However, the respondents, immediately, without holding any enquiry, have terminated services of the present -2- petitioner. It is further submitted by the counsel for the petitioner that correct marksheet was also given to the respondents for re-verification and later on, upon a request of the respondents for verification of the same, it has been informed by the Bihar School Examination Board, Patna vide, letter dated 26th February, 2007, as per annexure 6 series to the supplementary affidavit filed on behalf of the petitioner, that marksheet of the petitioner is genuine and correct. She has cleared her matriculation examination in the year 1990 and her Roll Code is 8228 and not 8282. As initially verification was requested by the respondents by wrong roll code i.e. 8282 and therefore, a reply was given by the Bihar School Examination Board, Patna that the roll code, which found mention in the marksheet was not used in the relevant year of examination. It is, therefore, apparent that she has cleared her examination genuinely and there is nothing like fabrication of the marksheet and therefore, the termination order, which was passed by the respondents, deserves to be quashed and set aside.
3. I have heard learned counsel for the respondent State that on verification of the marksheet of matriculation examination, it has been informed by the Bihar School Examination Board, Patna that for Role code 8282 no marksheet was ever issued in the relevant year of examination and therefore, notice was issued to the petitioner to submit her explanation within three days, i.e. an adequate opportunity of being heard of three days was given to the petitioner. Petitioner was to file reply to the allegations levelled against her and as there was no reply, therefore a decision was taken by the District Establishment Committee and services of the petitioner was terminated vide order dated 30th June, 2006 (at annexure 5 to the memo of the petition).
4. Having heard both sides and looking to the facts and circumstances of the case, I, hereby, quash and set aside order dated 30th June, 2006 (at annexure 5 to the memo of the petition) passed by the District Establishment Committee, Giridih for the following facts and reasons.
(I) The petitioner was appointed as a school teacher with effect from 6th October, 2005 and since then the petitioner was working sincerely, diligently and honestly and to the satisfaction of the -3- respondent authorities. No show-cause was ever issued to the petitioner for any misconduct.
(II) It appears that petitioner had supplied the respondent authorities a marksheet of matriculation examination in which her Role Code was given as 8282. That marksheet was sent for verification at Bihar School Examination Board, Patna and as there was a typographical error in the Role Code of the petitioner in the said marksheet, it has been informed by the Bihar School Examination Board, Patna that the roll code which found mention in the marksheet was not used in the relevant year of examination. Be that as it may, only three days notice was given to the petitioner for her explanation. Petitioner replied slightly late after expiry of three days time and pointed out to the respondents that correct Role Code of the petitioner is 8228 and therefore, there should be a re- verification by the Patna Board with respect to the correct Roll Code. Thereafter, upon request of the respondents, a verification was made with the Bihar School Examination Board, Patna and as per annexure 6 series, annexed with the supplementary affidavit filed by the petitioner and a reply has been given by the Bihar School examination Board vide its Memo dated 26th February, 2007 that if petitioner's role code no. is 8228, then she has cleared her matriculation examination in the year 1990 and the marksheet is not fabricated. It has also been mentioned in their subsequent letter, dated 29th January, 2008, that on the earlier occasion, a wrong Role Code i.e. 8282 was given in the application for verification, and therefore, reply to that verification application, which was given vide letter dated 19th May, 2006, to the effect that the said roll code was never used in that year, was on the basis of a wrong Roll Code i.e. Roll Code No. 8282 but since the correct role Code is 8228, now again verification has been made by Bihar School Examination Board and as per annexure 6 series to the supplementary affidavit filed by this petitioner, marksheet given by the petitioner is absolutely true, correct and genuine and she has cleared her matriculation examination in the year 1990. Therefore, the -4- termination order, which was passed by the respondents on wrong factual basis, deserves to be quashed and set aside.
5. As a cumulative effect of the aforesaid facts and reasons, I, hereby quash and set aside the order dated 30th June, 2006 (at annexure 5 to the memo of the petition).
6. This writ petition is allowed and disposed of.
(D.N.Patel, J.) s.m.