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2011 DIGILAW 381 (MP)

R. K. Sharma v. State of M. P.

2011-03-24

SANJAY YADAV

body2011
JUDGMENT : This petition is directed against the order dated 30-07-1996 whereby the services of the petitioner as Assistant Teacher have been dispensed with on the ground that he furnished forged Higher Secondary Mark Sheet while entering into service in the year 1988. Though it is vehemently urged on behalf of the petitioner that the mark sheet which was filed by the petitioner, was not forged and in support whereof learned counsel for the petitioner has relied upon document-Annexure A/3. However, when confronted with document-Annexure-R/1 and the fact that Annexure-A/3 was issued on 08-08-1996 whereas Annexure-R/1 was issued on 20-12-1988, learned counsel for the petitioner is at loss to substantiate the contention put forth by the petitioner that proper mark sheet was furnished by him in the year 1988 at the time when he was employed as Assistant Teacher. In view of the fact that there is no material on record to contradict the stand of the respondents qua Annexure-R/1 this Court is of considered opinion that the impugned order dated 30-07-1996 does not warrant any interference. At this juncture learned counsel for the petitioner places reliance on the order passed by the Madhya Pradesh Administrative Tribunal, Bhopal Bench, Bhopal in Original Application No. 141 of 1997 to substantiate the submission that similarly placed persons have been granted the relief. The contention that the petitioner is similarly placed as the applicants in Original Application No. 141 of 1997 cannot be accepted on the ground that the documents, Annexure-A/3 and Annexure-R/1, are different than each other and no material is brought on record by the petitioner that any other mark sheet than Annexure-A/3 was furnished by him in the year 1988. In view of above no relief can be granted to the petitioner. The petition is accordingly dismissed. However, no costs.