NARESH DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for direction on the Deputy Commissioner, Deoghar (respondent No. 3) to consider the petitioner's claim and pass appropriate order including his claim for salary for the period from 15.1.2007 till date. He has further prayed for a direction to permit him to work and function as Para Teacher in Upgraded Middle School, Baramerkhi. District Deoghar.

(2.) It has been stated that the petitioner was appointed as a Para Teacher in Primary School, Baramerkhi, Deoghar. The petitioner was paid salary after his joining till the year 2006. Petitioner, however, was arrested in a criminal charge in 2006. The criminal charge was not related to his service. On 11.1.2007 the petitioner was released on bail. The Block Education Extension Officer, Devipur Deoghar by letter dated 1.2.2007 allowed the petitioner to join w.e.f. 15.1.2007. The petitioner was also allowed to put his signature on the attendance register. However. Headmaster of the School is not allowing the petitioner to put his signature. The petitioner brought the same to the notice of the Deputy Commissioner, Deoghar by filing a representation, but till date the Deputy Commissioner has not passed any order. It has been submitted that by order dated 5.7.2008 the Deputy Commissioner, Deoghar had deputed the petitioner on duty in Shrawani Mela from 17.7.2008 to 16.8.'2008.

(3.) The respondents opposed the writ petition. In counter-affidavit it has been stated that the petitioner was put in prison from 4.7.2006 to 10.1.2007 due to some misdeed in the school premises on 9.3.2006 and from that date his engagement as Para Teacher came to an end. The petitioner's conduct created a panic among the students and guardians and. as such, there is no question of accepting his joining and allowing him to teach the students. The Headmaster, as such, did not allow the petitioner to resume his duty. It has been stated that the petitioner has forcefully put his signature in the attendance register. In view of the above, the petitioner is not entitled to any relief.