Allahabad HC stays dismissal of Agriculture teacher, instructs not obstruct his teaching work

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Prayagraj, May 06: Allahabad High Court has stayed the dismissal order of Director of Secondary Education LT Teacher. The teacher was dismissed as guilty of getting appointment on the basis of fake B.Ed marksheet.

The court has directed the state government to regularize the ad-hoc teacher appointed in 1993 in 2008 and conduct an inquiry against all the officers of the Education Department Kushinagar who gave the selection pay scale in 2015 and fixed the accountability of the officers and sought a report in three months.

The court has asked how a person with a fake mark sheet was appointed with government money. Document verification should have been done at the time of joining regular service. Why was this not done?

While staying the order of the director, the court said that no obstruction should be created in the teaching work of the petitioner. Justice Siddhartha has given this order on the petition of Ashok Kumar Singh, an agricultural teacher at Janata Inter College, Ramkola, Kushinagar.

It is to be known that the petitioner was appointed ad-hoc to the post of LT grade agriculture teacher on March 6 1993 and the regional committee regularized the service on September 15 2008. The selection pay scale was given on November 9 2015. On September 8, 20, the District Inspector of Schools (DIoS) came to know that prima facie the petitioner has got appointment on the basis of fake mark sheet of B.Ed. The DIoS constituted an inquiry committee under the chairmanship of ADM. The petitioner replied to the committee stating the allegations as baseless. Considering the degree as fake, the inspector termed the appointment as illegal and stopped the payment of salary. FIR was also lodged which was challenged. The High Court stayed the order of the Inspector and sought a reply.

If the order was not complied with, the petitioner filed a contempt petition. On the issue of the notice, the Director of Secondary Education initiated proceedings under section 16E(10). The petitioner replied that his appointment was made on the basis of B.Sc Agriculture degree and denied allegations of fake degrees.

On the day of hearing, the petitioner’s wife was hospitalized due to illness. He reported this to the director. After this, the order of termination of service of the petitioner was issued without calling again which has been challenged.

The court said that Article 14 of the Constitution has equal protection for all. A public servant cannot be expected to regularize the service without verifying the documents. Other officers of the Education Department including DIoS are also accountable. There is also an accountability of the officers giving the selection pay scale. Departmental inquiry should be done.

The court said that from regularizing the service to giving the selection pay scale, there should be an inquiry.