Bhubaneswar: Drawing a distinction between an invalid academic qualification and a fake or forged degree, the Orissa High Court has restored the post of an Odisha School Education Programme Authority (OSEPA) officer, holding that an employee cannot be demoted after serving for more than 15 years unless the state proves that he lacked the prescribed qualification at the time of his appointment. A division bench comprising Justices Dixit Krishna Shripad and Chittaranjan Dash recently quashed the December 24, 2020 order reverting Pravat Kumar Mishra from Assistant Director (MIS) to Programmer cum-Training Officer, and directed his reinstatement with all consequential service and financial benefits, UNI reported.
The bench also imposed exemplary costs of Rs 1 lakh on the state and permitted recovery of the amount from the erring officials in accordance with law. According to the case records, Mishra was appointed as Programmer-cum-Training Officer in 1998 through a regular recruitment process. He was given charge of the post of System Analyst in 2005 and was absorbed into the post a few months later. He subsequently became Assistant Di rector (MIS) after the post was redesignated. His reversion in 2020 was based on the allegation that he did not possess the requisite MCA qualification and that the MCA degree produced by him was “fictitious”. Rejecting the state’s stand, the HC held that there was no material to show that an MCA degree was a prescribed qualification either at the time of Mishra’s appointment or when he was absorbed into the higher post.
Drawing a distinction between an invalid academic qualification and a fake or forged degree, the bench held that a degree awarded by an institution later found to be un authorised to confer it cannot automatically be treated as a forged or fabricated certificate. “There is no allegation, much less proof, that the appellant committed any fraud or forgery,” the court observed, adding that the state had failed to establish any deception on Mishra’s part. The judges held that once an employee has been validly appointed and allowed to serve in a higher post for more than 15 years, the employer cannot arbitrarily reverse that position without establishing a legal basis. Pulling up the authorities, the court observed that the state is expected to function as a model employer rather than act arbitrarily.
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