SIKANDER LAL Vs. STATE

JUDGEMENT

(1.) Petitioner was engaged as ReT vide order dated 30th Oct. 2004. He was initially engaged for a period of two years and it was provided in the engagement order that the said period will be later on extended for further three years subject to satisfactory performance of the petitioner in terms of the conditions mentioned in parargraph 3 of the engagement order.

(2.) The petitioner was arrested along with other persons on 22nd Nov. 2004 in case FIR No. 371/04 for allegedly having committed offences U/s 302, 34 RPC by Police Station Rajouri. The petitioner in view of his arrest could not perform his duties. The Zonal Education Officer (ZEO) in pursuance to the directions of Chief Education Officer (CEO) Rajouri terminated the services of petitioner for having remained unauthorisedly absent from duty vide communication dated 16.02.2005. The petitioner was send up for trial and the Id trial judge vide its judgment dated 21st of Dec. 2009 while giving benefit of doubt to the accused, acquitted him of charges leveled against him.

(3.) The petitioner filed this writ petition seeking quashment of the termination order interalia on the ground that he was prevented from discharging his duties because of arrest in the aforementioned criminal case; and that he did not remain unauthrisedly absent from duty out of his own volition.