ASHOK SINGH vs STATE AND ORS

The petition is admitted for hearing. With consent of the learned counsel for the parties, the matter is heard finally. In this writ petition, the petitioner inter alia seeks a writ of certiorari for quashment of order dated 06.01.2016 issued by respondent No.3 to the extent it directs stoppage of petitioner’s salary. The petitioner also seeks a writ of mandamus commanding the respondents to release the salary of the petitioner with effect from July, 2015 onwards till date.

Facts giving rise to the filing of this writ petition briefly stated are that in the year 2005, two posts of ReT Teachers were advertised. The petitioner in pursuance of the aforesaid advertisement was appointed as ReT Teacher in March, 2006 and was appointed in Government Primary School, Narthyal, Tehsll Ukhral, District Ramban. The petitioner’s services were regularized as General Line Teacher in the year 2011 after completion of five years of service. However, it is the grievance of the petitioner that from July 2015 onwards, his salary was not paid and an order dated 06.01.2016 was passed by the Chief Education Officer, Ramban by which salary of the petitioner along with other employees was stopped on the ground that the documents furnished by the petitioner have been found to be forged. In the aforesaid factual background, the petitioner has approached this Court.

Learned counsel for the petitioner submitted that the impugned order has been passed without affording any opportunity of hearing to him. Neither any notice was given to the petitioner nor any enquiry was conducted before passing the impugned order. It is further submitted that the certificates, which are annexed by the petitioner at the time of his appointment, are genuine. On the other hand, learned Additional Advocate General was unable to point out from the records that either any notice was served on the petitioner or any opportunity of hearing was afforded to the petitioner before passing the impugned order.

In view of the submissions made and taking into account the fact that the impugned order dated 06.01.2016 has been passed in flagrant violation of principles of natural justice inasmuch as neither any notice was given nor any opportunity of hearing was afforded to the petitioner, I am inclined to quash the impugned order dated 06.01.2016 insofar as it pertains to the petitioner and grant liberty to the competent authority, namely, Chief Education Officer, Ramban to conduct an enquiry with regard to the genuineness of the certificates furnished by the petitioner by a speaking order within a period of two months from today. Needless to state that the petitioner shall be afforded an opportunity of being heard. Depending upon the outcome of the enquiry, the petitioner shall be entitled to release of the salary.

With the aforesaid directions, SWP No.1302/2016, is accordingly, disposed of along with connected MP.

SWP No.2081/2013, MP Nos.2/2016 & 3062/2013

Mr. Vivek Sharma, Advocate.

Mr. Ravinder Gupta, AAG for R-1 to 5.

Mr. B S Bali, Adv for R-6

This Court by an order passed today in SWP No.1302/2016 has granted the liberty to the respondents to hold an enquiry with regard to the genuineness of the certificates of the respondent No.6-herein and has directed the Chief Education Officer, Ramban to conclude the enquiry within a period of two months from today. Since the enquiry has already been directed to be held, therefore, the issue with regard to the genuineness of the certificates furnished by the respondent No.6 need not to be examined in this writ petition at this stage. Depending upon the outcome of the enquiry, the petitioner shall be at liberty to take recourse to such remedy as may be available to him under the law. It is made clear that this Court has not expressed any opinion with regard to merits of the claims of the parties.

With the aforesaid directions, the writ petition stands disposed of along with connected MPs.