LAWS(ORI)-2022-3-11

SHRI RAMA CHANDRA GIRI Vs. STATE OF ODISHA

Decided On March 28, 2022
Shri Rama Chandra Giri Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) This petition seeks quashing of an order dtd. 15/9/2011 of the State Education Tribunal (SET) in Appeal Case No.22 of 2009. It involves a short question viz., whether the Petitioner is entitled to arrears of salary from 21/3/2009 till the date of his re-instatement in his post of Junior Assistant Teacher of the Harischandrapur Aided High School, Mayurbhanj.

(2.) At the relevant time, Banasthali Bidya Pitha at Badjod where the Petitioner was working was an aided educational institution within the meaning of Sec. 3(b) of the Orissa Education Act (OE Act). The Petitioner was appointed as Headmaster in the said school on 5/4/1990. A criminal case was instituted against the Petitioner for the offence under Sec. 376 IPC read with Sec. 3 (xii) of the SC and ST (POA) Act. The Petitioner was taken into custody.

(3.) The Petitioner faced Criminal Trial in Trial Case No.17 of 2008. The Sessions Judge, Mayurbhanj, Baripada by an order dtd. 27/12/2008 honourably acquitted the Petitioner. In other words, he was not found guilty of the offences for which he was charged.