SAROJ KUMARI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner was a JBT teacher whose services were regularized on 01.11.1986 in school cadre of the Education Department, Haryana. She was promoted as Head Teacher on 04.12.2010. A criminal case was registered against her and she was convicted by the trial Court under Ss.307/323/452/148 & 149 of the Indian Penal Code, 1860 (IPC). She was sentenced to undergo rigorous imprisonment on different counts including two years for committing offence under S.307/149 IPC. The dispute which led to registration of the criminal case was a quarrel with a neighbour in the village where both warring families resided. The judgment of conviction and sentence was pronounced on 09.11.2009 by the Sessions Judge, Jhajjar.

(2.) It turns out that after findings of conviction were recorded by the trial Court, the petitioner was promoted as Head Teacher on 04.12.2010. However, by the impugned order dated 28.04.2011 the District Elementary Education Officer, Rohtak being the disciplinary authority of a Head Teacher dismissed the petitioner from service for reason of conviction and sentence.

(3.) The impugned order reads thus:-