SIYAMANI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In view of outbreak of COVID-19 pandemic, case was taken up through Video Conferencing. Concerned lawyers had no objection with regard to the proceeding which was held through Video Conferencing and there was no complaint in respect to audio and video clarity and quality and after hearing at length, the matter was reserved for Judgment on 28.06.2021 and the same is being disposed of finally.

(2.) In the instant writ application prayer has been made for issuance of appropriate writ(s), order(s) or direction(s) in the nature of Certiorari for quashing the office order as contained in Memo No. 4533, dated 29.10.2015, passed by the District Superintendent of Education (Respondent No. 4), whereby petitioner has been dismissed from service with retrospective effect from 27.06.2014. Petitioner has further prayed for a direction upon the respondents to reinstate him in service with full back wages.

(3.) Facts of the case lies in a narrow compass. Petitioner was appointed as an Assistant Teacher in the district of Dhanbad on 06.07.1988. There was no complaint from any corner against the petitioner and she discharged her duties diligently and to the satisfaction of all. After rendering 26 years of service, petitioner was convicted vide Judgment dated 27.06.2014, passed in G.R. No. 2883 of 2001 [T.R. No. 35 of 2014], for the offence under Section 498-A/34 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment of two and half years and to pay fine of Rs.10,000/-. A memo of charge was framed against the petitioner vide memo no. 980, dated 01.04.2015. Thereafter, petitioner was dismissed from the service vide office order as contained in Memo No. 4533, dated 29.10.2015 with retrospective effect from 27.06.2014. Being aggrieved with harsh order of dismissal from retrospective effect, petitioner has knocked door of this Court.