ALLAHABAD HIGHCOURT, FAKE, BED : फर्जी बीएड डिग्री के आधार पर बर्खास्तगी पर रोक, याचिका लंबित रहने तक याची को वेतन भुगतान का आदेश।
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 38
Case :- WRIT - A No. - 5135 of 2020
Petitioner :- Ashish Dubey
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Satyendra Chandra Tripathi
Counsel for Respondent :- C.S.C.,Avneesh Tripathi,Gagan Mehta,M.N. Singh,Pankaj Kumar Singh
Hon'ble Pankaj Bhatia,J.
The present petition has been filed for the following reliefs:-
"a) Issue a writ, order or direction in the nature of certiorari quashing the order dated 7.2.2020 passed by Dr. Bhimrao Ambedkar University, Agra in so far as it pertains to the petitioner.
b) Issue a writ, order or direction in the nature of certiorari quashing the order dated 1.2.2020 passed by the Zila Basic Shiksha Adhikari, Kanpur Dehat.
c) Issue a writ, order or direction of a suitable nature commanding the repondents to reinstate the petitioner in service and also make payment of salary as and when it comes due."
The contention of the counsel for the petitioner is that the petitioner had passed the B.Ed. examination in the session 2004-05 from Dr. Bhimrao Ambedkar University, Agra and joined the services on the basis of the said degree and was appointed on 20.9.2015 and since then he is working. It is alleged that on the directions given in PIL, this Court had directed that an investigation be conducted with regard to the alleged fake degrees. In pursuance to the said, an S.I.T. was constituted and several FIRs were also lodged. On the basis of the said S.I.T., a show cause notice was issued to the petitioner and now his services have been terminated by means of an order dated 1.2.2020 only on the ground that the mark-sheet and the degree issued is fake and void.
Counsel for the petitioner has drawn my attention to an order passed in Special Appeal arising out of an order of the learned Single Judge dated 29.4.2020 passed in Writ-A No. 190 of 2020, wherein a similar question was involved. The learned Single Judge in Writ-A No. 190 of 2020 repelled the challenge and dismissed the writ petition, against which the Special Appeal No. 240 of 2020 was filed. The said Special Appeal was heard and an interim order dated 31.7.2020 was passed, whereby the operation and effect of the order of learned Single Judge was stayed. Similar order has also been passed in Special Appeal Defective No. 401 of 2020.
As the matter is engaging the attention of Special Appeal court, I respectfully follow the interim order passed by the Special Appeal Court.
Sri M.N. Singh appearing on behalf of respondent no. 4, Sri Vikram Bahadur Singh holding brief of Sri Pankaj Kumar Singh, appearing on behalf of respondent nos. 3 and 5 and Standing Counsel appearing on behalf of respondent nos. 1 and 2 pray for and are granted four weeks' time to file counter affidavit. Two weeks' time thereafter is granted for filing rejoinder affidavit.
As an interim measure, the operation and effect of the order dated 1.2.2020 shall remain stayed and the petitioner shall continue to serve and shall be paid the salary on the post on which the petitioner was appointed during the pendency of the present writ petition.
The writ petition is directed to be listed after the decision of Special Appeal No. 240 of 2020.
Order Date :- 26.8.2020
SR
