DSEK terminates teacher for fraudulent entry in department

Srinagar, June 1: The Directorate of School Education Kashmir (DSEK) on Saturday terminated the services of a teacher from Tangmarg for making entry in the School Education Department (SED) after producing fake appointment orders.

The directorate has also ordered to recover the benefits drawn out of the said fake entry immediately from the teacher.

The order in this regard has been issued by the Director School Education Kashmir, Tasaduq Hussain Mir wherein it has been stated that while examining the records relating to appointment of General Line Teachers (GLTs) for the purpose of reconciliation of incumbency position, it has come to the notice that one Mahmooda Bano from Kunzer area of Tangmarg, working at Girls High School Kunzer, District Baramulla as Teacher, since December, 2019 was having doubtful initial appointment.

"Accordingly, the Chief Education Officer Baramulla was requested to furnish a report on the genuineness of her appointment in reference to the relevant documents," the order reads.

The report furnished by CEO Baramulla on May 25 of 2024 has revealed that the teacher in question joined the department on December 20 of 2019 as Teacher by producing an adjustment order bearing No CEO/Bla/Tr/20168-226 dated December 19 of 2019.

"However, the CEO has reported that the order in question has not been issued by his office as verified from the dispatch register and other office records," the order reads.

The documents have also revealed that the said order produced by the teacher has reference to the High Court Order dated July 17 of 2019 issued under SWP No. 56/2018, M.P.No. 13/2018.

"However, it has been found that the ibid SWP pertains to Home department bearing title Abdul Majeed Wani Vs State of JK And ORS (HOME DEPARTMENT) and has no relevance to the subject's appointment," the DSEK order reads.

It further reads that the adjustment order also has a reference to this office order number of 786-DSEK of 2019 dated November 5 of 2019 but upon verification it was found that the subject is not figuring anywhere"in the ibid order."

"It has been found that the said order bearing No. CEO/Bla/Tr/20168 226, on the basis of which the teacher managed her entry in the School Education Department is fake, thus the subject has drawn her salary fraudulently causing loss to Government Exchequer," the DSEK order reads.

The DESK order has stated that the Supreme Court in judgments has held that it is not necessary for the employer to hold an enquiry before dispensing with the services of such an employee which has never been in existence/non-est in the eyes of law and that the observance of principles of natural justice is not necessary in such cases.

"The judgements have been reiterated and taken as reference by the High Court of J&K and Ladakh in a recent judgement dated December 2 of 2022, passed in the CSA No. 13/2004, wherein it has been held that there is no need to conduct an inquiry into case of fraudulent appointments being non-est in the eyes of law," the DSEK order reads.

In wake of this, the DSEK has stated that the fraud committed by the teacher attracts immediate initiation of criminal proceedings against her as well as co-conspirators and recovery of salary and emoluments drawn by her from the department.

"Keeping in view the above facts and circumstances, the fraudulent entry managed in the School Education Department by the teacher form Kunzer, Tangmarg on the basis of above mentioned orders being non-est in the eyes of law, shall be deemed to be null and void, ab­ initio," the DSEK order reads.

"Consequently, the benefits drawn out of the said fake entry shall be recovered immediately from the subject," it reads.