RANCHI, India, Aug. 8 -- Jharkhand High Court issued the following order on July 9:

1. In the instant writ application, petitioner has prayed for quashing and setting aside the office order contained in memo No. 781 dated 08.03.2025 (Annexure-5), issued by respondent No. 4 whereby the petitioner has been dismissed from service.

Petitioner has further prayed for direction upon the respondents to reinstate him in service with all consequential benefits including back wages as petitioner is not gainfully employed anywhere after his dismissal.

2. Brief fact of the case is that petitioner was appointed as Assistant Teacher on 12.09.1994 in the district of Ranchi and he had been working as such. The appointment of the petitioner was made pursuant to examination held by Bihar Public Service Commission (now Jharkhand Public Service Commission). Further fact reveals that vide office order contained in memo No. 1624 dated 29.06.2024, he was put under suspension on the ground that he had obtained appointment by submitting forged Caste Certificate. The petitioner challenged the order of suspension by filing W.P.(S). No. 4463 of 2024, which was allowed and accordingly, the order of suspension was revoked by the District Superintendent of Education, Ranchi vide order contained in memo No. 3048 dated 11.12.2024.

3. It is the case of the petitioner that while complying the order passed by this Court, the petitioner was deputed at a far away place from the parent School and hence, the petitioner filed another writ application being W.P.(S). No. 610 of 2025, challenging the part of the order dated 11.12.2024. In the said writ application, the respondent No. 4 filed counter-affidavit enclosing the memo of charges contained in memo No. 2051 dated 21.08.2024 and then only the petitioner came to know that a departmental proceeding is initiated against him. However, the said memo of charge was never served to the petitioner before filing of the counter-affidavit. Thereafter, vide office order contained in memo No. 781 dated 08.03.2025, the petitioner has been dismissed from service. The order of dismissal was challenged in the Appeal before the Commissioner, South Chhotanagpur Division, Ranchi on 12.03.2025 but till date the said appeal is pending and no order has been passed as yet.

Hence, the petitioner has knocked the door of this Court.

4. Learned counsel for the petitioner contended that the entire punishment order is vitiated due to non-compliance of procedural duties. In the instant case, not even single witness has been examined in order to prove the documents relied upon by the Enquiry Officer. Law is well settled as per the case of Roop Singh Negi Vs. Punjab National Bank1 and State of U.P. Vs. Saroj Kumar Sinha2 that merely production of document will not be sufficient and it has to be proved by oral evidence, which is lacking in the instant case.

5. Learned counsel for the respondents contended that on the one hand; appeal is pending and the petitioner has come to this Court without waiting for the result of the appeal and on the other hand, petitioner never actively participated in the departmental proceeding and as such, grounds of examination of witness and proving the documentary evidence do not arise.

6. In reply, learned counsel for the petitioner further submits that from bare perusal of the enquiry report it appears that the Presenting Officer has also signed the enquiry report which clearly goes to show that the Enquiry Officer has not acted like an Umpire; rather acted as a representative of the respondent-BCCL.

7. In reply to the aforesaid contention, learned counsel for the respondents submits that it is not an enquiry report; rather, a preliminary enquiry report which has been signed by the Officers who have been later on appointed as Presenting Officer and Enquiry Officer.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xwC7Egv1rmAE6XNY1mpt5sW8XSppYMPMLjIVz1%2FgOQLn&caseno=WPC/2293/2025&cCode=1&cino=JHHC010130922025&state_code=7&appFlag=)

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