NIRANJAN SETHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner was appointed as Sikshya Sahayak as per order issued on 28/11/2013 by the Chief Executive Officer, Zilla Parishad-cum-Collector, Balasore and joined as such on 30/11/2013 in Sarugaon U.P. School. Upon completion of three years of service as Sikshya Sahayak he was appointed as Junior Teacher w.e.f. 30/11/2015 pursuant to Officer Order dtd. 24/7/2017. While discharging his duties as Junior Teacher, the petitioner was implicated in Khaira P.S. Case No.251 dtd. 28/10/2018 for the alleged commission of offence under Ss. 341/323/325/307/34 of IPC. The petitioner was taken to custody on 30/10/2018 and was released on bail on 3/12/2018. The District Project Coordinator, SSA, Balasore (opposite party no.4) issued a show cause notice to the petitioner on 1/12/2018 asking him to explain as to why he will not be disengaged from service on the ground of unauthorized absence from duty and for remaining under judicial custody from 30/10/2018. The petitioner submitted his reply on 11/12/2018 denying the allegations but he was not allowed to work in the School. No further action was taken in the matter for which the opposite party no.4 by letter dtd. 28/12/2018 sought clarification from the State Government as to whether the petitioner can be allowed to join in duty or not. Since nothing was done in the matter, the petitioner approached the erstwhile Odisha Administrative Tribunal, Bhubaneswar in O.A. No. 1140 of 2019, which was disposed of on 26/3/2019 directing the Principal Secretary to the Government in Department of School and Mass Education to dispose of the representation of the petitioner keeping in view the letter of the DPC dtd. 28/12/2018 within one month. In the meantime, the criminal case instituted against the petitioner was put to trial in S.T. Case No.120 of 2019 and as per judgment delivered on 29/6/2019, learned Trial Court acquitted the petitioner of the charges. Upon receipt of certified copy of the judgment, the petitioner moved the authorities to do the needful. The opposite party no.4 forwarded the representation of the petitioner along with the judgment of acquittal to the State Government by letter dtd. 6/7/2019 seeking instructions in the matter. The Director, Elementary Education (opposite party no.2) in his letter dtd. 26/9/2019 also requested the Government to take a decision in the matter. Since no action was taken, the petitioner submitted another representation before the opposite party no.1 on 16/9/2019. It is the case of the petitioner that since there was no order of termination passed against him, he is deemed to be continuing in service and as such, became eligible for regularization as a regular teacher on completion of six years of service w.e.f. 30/11/2013. The opposite party no.4 in his letter dtd. 7/9/2019 requested the concerned Block Education Officer to verify the certificates of all the Junior Teachers eligible for regularization including that of the petitioner, whose name finds place at serial no. 54 of the said list. Despite all the aforementioned facts, the opposite party no.1 by order dtd. 29/2/2020 rejected the claim of the petitioner on the ground that a criminal proceeding was pending against him. The said order enclosed as Annexure-12 to the writ petition is impugned in the present writ application which has been filed by the petitioner seeking the following relief:

(2.) A counter affidavit has been filed by the District Project Coordinator (opposite party no.4). The basic facts of the case relating to engagement of the petitioner as a Sikshya Sahayak and Junior Teacher and his involvement in the criminal case as also the fact of acquittal of the petitioner therein have been admitted but the rejection of his representation has been justified on the ground that a criminal case was pending against him.

(3.) Heard Mr. Sameer Kumar Das, learned counsel for the petitioner and Mr. B. Mohanty, learned Standing Counsel for School and Mass Education Department.