Parveen Kumari And Others vs State Of Haryana And Others on 16 September, 2015

[Cites 2, Cited by 27]

Punjab-Haryana High Court

Parveen Kumari And Others vs State Of Haryana And Others on 16 September, 2015

Prayer in the application is for seeking exemption from filing the original/certified copies of Annexures A-1 to A-5 and also SAVITA DEVI KADIAN 2015.09.19 10:55 I attest to the accuracy and integrity of this document High Court Chandigarh C.M.No.12198 of 2015 2 C.M.No.12199 of 2015 C.M.No.12200 of 2015 in CWP No.3 of 2011 seeking permission to place on record typed/photo copies thereof.

The application is allowed, subject to all just exceptions.

Documents, Annexures A-1 to A-5 are taken on record.

C.M.No.12199 and 12200 of 2015 By filing application, i.e., C.M.No.12199 of 2015, under Order 1 Rule 10 CPC read with Section 151 CPC, the applicants have sought their impleadment as respondents No.13 to 58, in the aforesaid writ petition.

The present application bearing C.M.No.12200 of 2015 has been filed seeking for clarification/modification of order dated 03.08.2015 passed in CWP No.03 of 2011, to the effect that direction contained in the judgment dated 13.05.2015 passed in CWP No.4729 of 2015 is applicable only to the applicants, i.e., 776 employees and directions contained in the order dated 03.08.2015 passed in CWP No.03 of 2011, would pertain to the rest of the categories of the persons alleged to have been impersonated and not to applicants and other, total 776 in number.

Mr. Girish Agnihotri, learned Senior counsel categorically submits that the direction contained in the order viz-a-viz registration of FIR contained in the order dated 3.8.2015 infact applies to the other categories of employees and not the applicants and other total 776 in number, for the reasons that it is a separate clause, as in pursuance to the receipt of show cause notice whereby the services SAVITA DEVI KADIAN 2015.09.19 10:55 I attest to the accuracy and integrity of this document High Court Chandigarh C.M.No.12198 of 2015 3 C.M.No.12199 of 2015 C.M.No.12200 of 2015 in CWP No.3 of 2011 were sought to be terminated and FIR sought to be registered, the same has been quashed vide order dated 13.5.2015 passed in various writ petitions, the lead case is CWP No. 4729 of 2015. The state now is contemplating to register FIR in pursuance to the notice dated 2.9.2015 and therefore the application in hand, has been filed seeking clarification.

Filing of CWP No.4729 of 2015 has already been noticed in the order dated 03.08.2015, sought to be clarified/modified. This Court from time to time had been monitoring the action of the State, much less, role of the Forensic Science Laboratory which have been directed to verify the thumb impressions/signatures of the applicants, who in pursuance to Advertisement No.4 of 2009, Category No.1 dated 13.08.2008, had submitted their applications on being selected as JBT Teachers.

During the pendency of the aforesaid writ petition, show cause notices dated 02.03.2015 were served upon the teachers whereby, department had proposed to take action vis-a-vis termination and to lodge FIR. The aforesaid show cause notices are stated to have been challenged by 776 teachers vide various writ petitions and the order has been passed in CWP No.4729 of 2015.

The factum of the aforesaid order was noticed by this Court in the orders dated 24.04.2015 and 18.05.2015 which read thus:-

SAVITA DEVI KADIAN 2015.09.19 10:55 I attest to the accuracy and integrity of this document High Court Chandigarh C.M.No.12198 of 2015 4 C.M.No.12199 of 2015

C.M.No.12200 of 2015 in CWP No.3 of 2011 24.04.2015 In pursuance to the order dated 1.4.2015 status report on behalf of the Director, Elementary Education, Haryana, dated 24.4.2015 has been filed in the Court, wherein it has been stated that out of the selected candidates 1103 candidates' thumb impressions have been matched and 778 JBT teachers' thumb impressions were found not matching.

It has been stated that show cause notice dated 3.3.2015 has been issued to 777 candidates out of 778 candidates and 727 persons have approached this Court by challenging the aforementioned show cause notice and there are interim directions. Copy of the interim direction has been attached as Annexure R-6.The order reads as under:-

"Notice of motion.

On the asking of the Court, notice on behalf of the State has been accepted by Mr. Harish Rathee, Sr.DAG., Haryana.

Two copies of the petition be supplied to learned State counsel during the course of the day. Adjourned to 19.3.2015.

Reply be filed meanwhile.

The concerned authorities are directed not to take action against the petitioner till further orders."

It has further been stated that 209 JBT teachers have resigned without submitting the specimen/thumb impression and even show cause notice have also been issued to them and 19 JBT teachers had resigned after giving specimen/thumb impression and thumb SAVITA DEVI KADIAN 2015.09.19 10:55 I attest to the accuracy and integrity of this document High Court Chandigarh C.M.No.12198 of 2015 5 C.M.No.12199 of 2015 C.M.No.12200 of 2015 in CWP No.3 of 2011 impressions of three teachers were found to be identical and of 14 JBT teachers were found to be smudged and uncomparable and their specimen signatures have been sent to Forensic Science Laboratory, Madhuban for comparison.

It has been brought to the notice of this Court that the interim order was passed on 12.3.2015 and the State of Haryana has taken adjournments on three occasions to file written statement but till date no written statement has been filed.

In view of the interim order passed, Mr. D. S. Nalwa, Additional Advocate General, Haryana submits that the department is handicap in not initiating the action either departmentally or criminal. Mr .D. S. Nalwa, Additional Advocate General, Haryana on instructions from Mr. T. C. Gupta, Principal Secretary, Education Department, Haryana has assured the Court that necessary steps shall be taken to move an application for clarification of the interim direction by filing a written statement to show that appropriate action in accordance with law shall be initiated against the erring employees. It has further been stated that the signatures of 6081 candidates have been found un-comparable and sent to the Forensic Science Laboratory for comparison. The Director and the Assistant Director, Forensic Science Laboratory, Madhuban has been given two month's time to complete the exercise of comparison as directed vide order dated 1.4.2015.

The status report, as to whether any criminal action has been taken against the 209 JBT teachers who have SAVITA DEVI KADIAN 2015.09.19 10:55 I attest to the accuracy and integrity of this document High Court Chandigarh C.M.No.12198 of 2015 6 C.M.No.12199 of 2015 C.M.No.12200 of 2015 in CWP No.3 of 2011 resigned without submitting thumb impression, is silent. The State of Haryana is further directed to file a reply or move an appropriate application to satisfy this Court that action against the JBT teachers who have not approached this Court will be taken in accordance with law so that the matter is brought to its logical end. List the matter for further consideration on 18.5.2015. To be shown in the urgent list.

The presence of the Director General, Elementary Education, Haryana is exempted till the next date of hearing.

18.05.2015 "In pursuance to the order dated 24.4.2015 the State while seeking short adjournment viz-a-viz direction pertaining to 209 JBT teachers, who have resigned without submitting the specimen/thumb impression submitted that show cause notice had been issued to them and few of JBT teachers had resigned after giving specimen/thumb impressions and the signatures of 14 JBT teachers were found to be smudged and un- comparable and their specimen signatures have been sent to Forensic Science Laboratory, Madhuban for comparison.

As regards 778 candidates it has been brought to the attention of this Court that this Court on 13.05.2015 in CWP No.4729 of 2015 and other connected writ petitions quashed the same. The operative portion of the order reads thus:-

"Accordingly, all the petitions, as mentioned here-in-above, are allowed and the impugned Show SAVITA DEVI KADIAN 2015.09.19 10:55 I attest to the accuracy and integrity of this document High Court Chandigarh C.M.No.12198 of 2015 7 C.M.No.12199 of 2015 C.M.No.12200 of 2015 in CWP No.3 of 2011 Cause Notices in all the petitions are, hereby, set aside.

However, the respondent-authority is at liberty to proceed further and pass fresh order after affording proper opportunity of hearing as per law. It is also advised that in case, any enquiry had been conducted, the enquiry report be made available before giving any fresh Show Cause Notice.

It is also made clear that in case, any adverse order is passed against the petitioners, they are at liberty to avail the appropriate remedy.

Allowed in the aforesaid terms."

To come up for compliance for direction No.2 contained in the order dated 24.4.2015.

This Court vide order dated 2.3.2015 had also directed the State to identify the candidates, but the same had not been supplied so far. It appears that the State is not complying with the orders and taking a lackadaisical approach.

To come up on 25.5.2015.

Photocopy of this order be placed on the files of connected cases."

Vide order dated 06.07.2015, on receipt of the status report, this Court passed the following order:-

"Status Report has been filed in the Court today, wherein it has been indicated that the report from Forensic Science Laboratory has been received with regard to the 6081 candidates.

Mr. D.S. Nalwa, Addl. A.G. Haryana on instructions from SAVITA DEVI KADIAN 2015.09.19 10:55 I attest to the accuracy and integrity of this document High Court Chandigarh C.M.No.12198 of 2015 8 C.M.No.12199 of 2015 C.M.No.12200 of 2015 in CWP No.3 of 2011 Director, Elementary Education submits that already cases of 4964 candidates have been processed and almost 1100 in odd number have been left. He seeks three weeks time to complete the process and on receipt of report, necessary action in accordance with law shall be taken forthwith.

List this matter after three weeks i.e. on 29.07.2015."

and ultimately vide order dated 03.08.2015, the directions which have been sought to be clarified/modified had been issued. For the sake of repetition, directions are again reproduced herein below:-

"After noticing the aforementioned affidavit, I deem it appropriate to issue following directions to the respondent-State:-

i) The department would within a period of one month from today shall send the cases of all the candidates whose signatures/thumb impressions could not be verified/matched to the FSL, Madhuban.

ii) On receipt of the signatures, FSL Madhuban/or any other Laboratory shall undertake the exercise of matching/comparison within another period of one month. Iii) The respondent-Director of Elementary Education would endeavour to consider the reply of individual candidates who have replied to the show cause notice and on considering their reply pragmatically, take action, if any, in accordance with law.

iv) The criminal action proposed to be initiated should be immediately put into motion by lodging FIR etc.

v) On receipt of report of the FSL, Madhuban/or any other Laboratory, ibid, the department shall take action in SAVITA DEVI KADIAN 2015.09.19 10:55 I attest to the accuracy and integrity of this document High Court Chandigarh C.M.No.12198 of 2015 9 C.M.No.12199 of 2015 C.M.No.12200 of 2015 in CWP No.3 of 2011 accordance with law against the candidates whose signatures could not be found to be matching/identical in the similar manner/fashion as has been undertaken to be initiated.

vi) The Board-respondent No.4 in response to the notice of petitioner averred that in case any impersonation is detected, the Board had undertaken to initiate the action against the persons involved in the malpractice. The relevant extract of the reply of the Board is reproduced herein below:-

"It is submitted that if any case of impersonation is detected, the Board shall take serious note of it and legal proceedings will be initiated against those involved in the malpractices."

vii) The record which has been ordered to be sealed vide order 4.1.2011 of this Court is directed to be returned to the Board of School Education, Haryana."

This Court while issuing the aforementioned directions had taken into consideration the entire history of the case, as detail of the candidates noticed in the preceding paragraph, and would apply to all the candidates who had indulged in mall practice and forgery and cannot be said to restrict to the petitioners in the writ petition but as well as to the applicants and others who are 776 total in number. The aforementioned order does not amount to discrimination amongst the class as has been sought to be projected.

I do not find that any clarification of the order dated SAVITA DEVI KADIAN 2015.09.19 10:55 I attest to the accuracy and integrity of this document High Court Chandigarh C.M.No.12198 of 2015 10 C.M.No.12199 of 2015 C.M.No.12200 of 2015 in CWP No.3 of 2011 3.8.2015 is warranted. Therefore, the application seeking clarification/modification, as well as, impleadment are dismissed.

(AMIT RAWAL) JUDGE September 16, 2015 savita SAVITA DEVI KADIAN 2015.09.19 10:55 I attest to the accuracy and integrity of this document High Court Chandigarh

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