{"id":242919,"date":"2021-12-28T17:05:16","date_gmt":"2021-12-28T11:35:16","guid":{"rendered":"https:\/\/www.indialegallive.com\/?p=242919"},"modified":"2021-12-28T17:18:40","modified_gmt":"2021-12-28T11:48:40","slug":"allahabad-high-court-rejects-anticipatory-bail-to-sacked-assistant-teacher-with-fake-marksheet","status":"publish","type":"post","link":"https:\/\/www.indialegallive.com\/constitutional-law-news\/courts-news\/allahabad-high-court-rejects-anticipatory-bail-to-sacked-assistant-teacher-with-fake-marksheet\/","title":{"rendered":"Allahabad High Court rejects anticipatory bail to sacked assistant teacher with fake marksheet"},"content":{"rendered":"\n
The Allahabad High Court<\/a> has rejected anticipatory bail to Hemant Kumar Saraswat, a sacked assistant teacher who got his job using a fake B Ed marksheet.<\/p>\n\n\n\n A single-judge bench of Justice Samit Gopal passed this order while hearing a Criminal Misc Anticipatory Bail Application under Section 438 CrPC filed by Hemant Kumar @ Hemant Kumar Saraswat.<\/p>\n\n\n\n The second anticipatory bail application under Section 438 of Code of Criminal Procedure, 1973 has been filed by the applicant Hemant Kumar @ Hemant Kumar Saraswat, seeking anticipatory bail, in the event of arrest in Case under Sections 420, 467, 468, 471 IPC, Police Station Manth, District Mathura.<\/p>\n\n\n\n The first anticipatory bail application being Criminal Misc Anticipatory Bail Application (Hemanth Kumar Vs. State of U.P. and 2 others) was rejected by Justice Vivek Agarwal, order dated June 15, 2021.<\/p>\n\n\n\n Counsel for the applicant argued that the applicant was appointed as Assistant Teacher in Junior Basic School during the period 2008-2011 after obtaining his B.Ed Degree during the Session 2004-05 from Dr B.R. Ambedkar University, Agra. He joined his services on December 29, 2010 and continued to work there for about 10 years after which his services were terminated.<\/p>\n\n\n\n It was alleged that the B.Ed mark-sheet and degree which was one of the required qualifications for the appointment was found to be forged and as such the First Information Report has been lodged.<\/p>\n\n\n\n Counsel for the applicant has further argued that the controversy with regards to the B.Ed. mark-sheet and degree of Agra University for the year 2004-05 was the subject matter of a writ petition which was converted into a Public Interest Litigation (Sunil Kumar Vs. Dr. Bhimrao Ambedkar University and another) in which the matter was directed to be investigated by a Special Investigating Team which submitted its report on August 14, 2017 alleging therein that there were around 3500 mark-sheets\/degree from which about 1000 mark-sheets\/degree had been tampered.<\/p>\n\n\n\n It is argued that the termination of the applicant order dated December 18, 2019 was challenged before the Court (Hemant Kumar Saraswat Vs. State of U.P. and 4 others).<\/p>\n\n\n\n Counsel for the applicant argued that the applicant is one of the appellants before the Apex Court and he is the petitioner in the array of petitioners therein. The contempt petition was ordered to be closed on October 01, 2021, in view of the statement made in the matter on behalf of the State that they are ready and willing to pay the current salary to the petitioners from the date of passing of the order.<\/p>\n\n\n\n