TIMAN SINGH RAJ Vs. COLLECTOR

JUDGEMENT

(1.) Heard.

(2.) By this petition filed under Article 226/227 of the Constitution of India, petitioner has challenged the order dated 10-8-2001 (Annexure P-1) whereby the petitioner's services were terminated from the post of Shiksha Karmi.

(3.) Briefly stated facts are that the petitioner was serving as Shiksha Karmi, Grade-Ill in Boys Primary School, Bamnidih. While in service he was prosecuted for the offences under Section 294,506B, 324, 323, 472 of Indian Penal Code. He was arrested by the police on 27-12-1998 and on 28-12-1998 at 2 p.m. he was produced before the Court and he was sent to jail. Then he was granted bail on 30-12-1998 and on the same day his bail was furnished and he was released. As such, it is submitted that he was said to be detained more than 48 hours. On such reports being received, respondent No. 2/the Janpad Panchayat passed the resolution No. 1, dated 26-2-1999 and thereafter terminated the service vide impugned order dated 10-8-2001 (Annexure P-l) on the following grounds:- (1) that he is involved in criminal activities. (2) that under Rule 9 (2) (a) of M.P. Civil Services (Classification, Control and Appeal) Rules, 1966, where the Government servant remained in police and judicial custody for more than 48 hours for the above offences.