1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR W.P. No.6456 of 2006 (Punjab s/o. Jagannath Shende .vs. State & Ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : D.D.Sinha and Mrs. Vasanti A. Naik, JJ. DATE : 27.03.2008. Heard Mr.B.G.Kulkarni, Adv. for the Petitioner, Mrs.Dangre, Additional Government Pleader for the Respondent Nos. 1 to 3 and Mr. Samarth, Adv. for the Respondent No.4. Counsel for the petitioner has submitted that this Writ Petition is directed against the order/communication dated 27th September, 2006 whereby the approval granted to the petitioner as a teacher came to be cancelled and direction was also given to the Education Officer to lodge complaint against the petitioner for obtaining employment by submitting forged and fabricated documents. Counsel for the petitioner has submitted that the petitioner was appointed on 1.8.1999 as Assistant Teacher in the School run by the respondent no.4-Management. Said appointment was approved by the Education Officer vide order dt. 18.12.2001. The petitioner was promoted to the post of Head 2 Master w.e.f. 1.8.2002. However, though the Education Officer did not grant approval to the post of Head Master, however, the petitioner was granted administrative and financial powers. Counsel for the petitioner further contended that, by the impugned communication dated 27th September, 2006, the approval granted to the petitioner as Teacher was unilaterally cancelled without giving him reasonable opportunity of hearing and therefore, the impugned order is violative of principles of natural justice. Mrs. Dangre, Additional Public Prosecutor has submitted that since the petitioner obtained appointment by submitting false and fabricated documents, the State Government has directed the Education Officer by the impugned communication to cancel the approval granted to the petitioner as Teacher and also directed to file criminal complaint against the petitioner. It is not disputed by the learned counsel for the State that the impugned communication was issued by the State Government without hearing the petitioner. Considered the rival contentions canvassed by the respective counsel. Since it is not in dispute that the petitioner was appointed way back in the year 1999; the Education Officer also granted approval to his appointment in the year 2001 and the petitioner was also promoted to the post of Head Master in the year 2002, in such a situation, in our view, it was necessary 3 for the State Government to grant reasonable opportunity of hearing to the petitioner before issuing impugned communication dated 27th September, 2006 to the Deputy Director of Education, who was directed to cancel approval granted to the petitioner as Teacher and to file criminal complaint. It is nodoubt true that no appointment secured by playing fraud can be sustained in law. However, principles of natural justice are required to be observed as and when action is taken which results in civil consequences. For the reasons stated hereinabove, the impugned communication dated 27th September, 2006 is quashed and set aside. Similarly, the consequential communication issued by the Deputy Director of Education dated 3rd November, 2006 as well as the communication issued by the Education Officer dt.13.11.2006 are also quashed and set aside. The matter is remitted back to the State Government for re-consideration of the issue afresh by giving reasonable opportunity of hearing to the petitioner and to take a decision on its own merits, according to law, as early as possible and in any case not beyond the period of six weeks from the date of communication of this order. So far as the issue regarding reinstatment and backwages is concerned, that would depend upon the decision of the State Government which is directed to be taken afresh by us. With these observations and directions, present 4 Petition is disposed of. JUDGE JUDGE ssj