RANDHIR SINGH GAUTAM Vs. STATE OF U. P.

JUDGEMENT

(1.) The writ petitioners, who claim to have been appointed as Assistant Teachers in a Primary School run and established by the Basic Shiksha Parishad after facing selection have approached this Court assailing an order dtd. 28/10/2021 (Annexure Nos.9 and 10 to the writ petition) passed by the Basic Shiksha Adhikari, Maharajganj/Respondent No.3, whereby services of the petitioners as Assistant Teachers have been terminated.

(2.) It is the case of the writ petitioners that they have been appointed as Assistant Teachers under the provisions of the Uttar Pradesh Basic Education (Teachers) Services Rules, 1981 after facing selection. The Petitioner No.1 was appointed under the order of the Basic Shiksha Adhikari dtd. 23/10/2008 and was permitted to join as Assistant Teacher in Urdu in Primary School, Kamhariya Khurd, Block Farenda, District Maharajganj. Later on, the Petitioner No.1 was promoted as Headmaster in Primary School/Assistant Teacher in Junior High School on 26/11/2011 and had been working in such capacity in Purv Madhyamik Vidyalaya Parsia Bujurg Block Farenda, District Maharajganj. Likewise, the Petitioner No.2 was appointed as Assistant Teacher by the order of the Basic Shiksha Adhikari dtd. 24/10/2008 and joined in Primary School, Sonbarsa Block Farenda, District Maharajganj. The Petitioner No.2 was also promoted as Headmaster in Primary School, Sonbarsa Block Farenda District Maharajganj.

(3.) In the year 2013, an F.I.R. came to be lodged against the petitioners giving rise to the Case Crime No.907 of 2013 under Ss. 302/34, 323/34, 504, 506 I.P.C. and a charge sheet was submitted against the petitioners. The petitioners were arrested and consequently placed under suspension, however, were subsequently released on bail. The petitioners were convicted in the offence in Trial No.186 of 2013 vide conviction order dtd. 2/4/2016. The petitioners were again arrested and put in jail on their conviction. The conviction order has been assailed in Criminal Appeal No.1712 of 2016 which is pending consideration before this Court and the petitioners have been released on bail. The petitioners were reinstated in service under orders of the District Basic Education Officer, Maharajganj dtd. 30/6/2018 respectively. However, the order dtd. 30/6/2018 reinstating the petitioners in service was withdrawn by order dtd. 28/7/2018 and the petitioners were again placed under suspension. Now by the impugned order dtd. 28/10/2021 the Basic Shiksha Adhikari has proceeded to terminate the services of the petitioners which order has been impugned in the present writ petition.