SURYADEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these writ applications involve a common question and, therefore, having been heard together are being disposed of by this common judgment.

(2.) In C. W. J. C. No.12980 of 2005, the prayer of the petitioner is to quash the order, dated 06.09.2005 passed by the Director, Secondary Education, Bihar, Patna whereby and whereunder the services of the petitioner Suryadeo Singh has been terminated on the ground of his being convicted for offences under Sec.307/149 Indian Penal Code (IPC) in Sessions Trial No.36 of 1985/2 of 2004 sentencing him to undergo rigorous imprisonment for a period of five years.

(3.) The facts in brief of the writ petitioner Suryadeo Singh is that he was appointed on the post of Assistant Teacher in Adarsh High School, Semara in the district of Rohtas on 02.01.1972 while the said school was a private high school. Subsequently, the school was taken over by the Government with effect from 02.10.1980 and the petitioner was retained as a Government servant with effect from 02.10.1980 by continuing him as the Assistant Teacher of the aforementioned school. The petitioner while he was continuing in service as an Assistant Teacher was made an accused in a criminal case arising out of Nokha Police Station Case No.187 of 1983 and in the said criminal case after submission of the charge sheet, as the offences related to Sec.307/149 IPC in addition to other allied offences u/s 147/148/149/323 IPC the case was committed to the Court of Sessions in Sessions Trial No.36 of 1985/2 of 2004, the petitioner and his other family members were convicted for offences under Sec.307/149 of the Indian Penal Code by a judgment dated 17.05.2005 passed by the Additional Sessions Judge, Fast Track Court No. I, Rohtas at Sasaram and was sentenced to undergo rigorous imprisonment for a period of five years. The petitioner was thereafter also taken into custody on 17.05.2005 and could be released on bail on 14.06.2005 in view of an interim order dated 26.5.2005 passed by this Court when he had filed the Criminal Appeal No.354 of 2005.