AAS MOHD. Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) CM-7364-2017

(2.) As per the case set up by the petitioner, he was appointed as JBT Teacher in the year 1995. After six years i.e. in the year 2000 the Managing Committee of the School terminated the services of the petitioner alongwith other employees. Thereafter the petitioner alongwith other employees filed a writ petition bearing CWP No.7381 of 2001 challenging that termination order and this Court had stayed the operation of termination order with a direction to file statutory appeal before the competent authority. The statutory appeal was filed by the petitioner and the Director Secondary Education, Haryana had set aside the termination order. During this interregnum a writ petition filed by them for claiming salary bearing CWP No.8034 of 2000 was also allowed by the Division Bench. Just because the petitioner fought for his legal right the respondent No.4 at the instance of the Headmaster had registered a criminal case against him and other co-employees under Sections 294, 341, 506 IPC in FIR No.280 dated 17.10.2002 but they were acquitted by the trial Court. The petitioner alongwith other co-employee had also filed contempt petition as their salary had not been paid. As a result thereof the petitioner was suspended and even subsistence allowance during suspension period was also not been paid to him. Resultantly, they filed another writ petition bearing CWP No.15278 of 2005 and the Division Bench allowed the writ petition with a direction to the respondent No.4 to release the subsistence allowance. Thereafter on 111.2005 the petitioner was issued a charge-sheet in which following charges were levelled against him:-

(3.) Letter dated 28.4.2004 sent through Bannu Ram, Chowkidar.