Show cause notice stayed as proper procedure before issuing same not followed

Allahabad High Court: This petition was filed before a Single Judge Bench of Ajit Kumar, J. where petitioner was alleged of fraud and forgery.

Petitioner is an assistant teacher working in a junior primary school. Petitioner submitted that he had obtained B. Ed. degree from Dr Bhim Rao Ambedkar University, Agra. After this, he completed the special BTC training course and was appointed by the District Basic Education Officer. It was in 2015 that he was promoted as headmaster in junior basic school. There was some investigation done by Special Investigating Team and report filed perusing to which show cause notices were issued to some teachers who received their degree from the Ambedkar University. The show cause notice is impugned in this writ. Petitioner alleges that a prima facie opinion of fraud and forgery was formed by the District Basic Education without giving prior opportunity to explain. Argument advanced by petitioner was that if any illegality has been found in the appointment after confirmation of the person in the service the respondent were bound to proceed by instituting departmental proceedings in accordance with the service rules i.e. U.P. Government Servant (Discipline and Appeal) Rules, 1999 but the said procedure has not been followed prior to issuing the impugned notice.

High Court found substance in the arguments of petitioner and that this matter required to be considered. Until further order, a stay was put on impugned order. [Rohitashwa Kumar v. State of U.P., 2018 SCC OnLine All 3232, order dated 11-12-2018]

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