SANJEEV KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AGGRIEVED by the direction to the Deputy Commissioner -cum -Chairman, Jharkhand Education Project, Dumka to make an enquiry into the matter, the appellant has preferred the present Letters Patent. The appellant claims that his appointment made on the basis of the Resolution of the Gram Sabha of village -Tilwaria, Chorkhedda Panchayat, District -Dumka, was duly approved by the Block Education Committee on 28.12.2002. Pursuant to his appointment though, he performed his duty as para -teacher, he was not paid salary/honorarium and therefore, he had to approach this Court in W.P. (S) No. 1494 of 2010.

(2.) BEFORE the Writ Court, a counter -affidavit was filed on behalf of the District Superintendent -cum - District Programme Officer stating that the villagers of the village -Tilwaria protested the selection of the appellant, as Para -Teacher because he is not a resident of the said village rather, he is an inhabitant of village -Amga which is about 3 K.M. away from the school. It is further stated that the appellant was not selected and rather, one Sanjay Kumar Sharma, a backward community candidate, who is inhabitant of the village -Tilwaria was selected. In the meeting of Village Education Committee dated 06.11.2002, the appellant got 6 votes whereas, Sanjay Kumar Sharma (respondent No. 7) got 44 votes. However, the appellant in connivance with the Chairman of the Village Education Committee, Telwaria got opened account in the bank and received payment of Rs. 11,000/ -. It is further stated that the appellant in connivance with some of the members of the Village Education Committee formed another Committee which passed a Resolution, selecting the appellant. The Village Education Committee, EGS, Tilwaria referred the matter to B.D.O. who, in turn, forwarded the matter to the Block Education Extension Officer, Jarmundi. He recommended the matter to District Committee for "Samiksha". In the meantime, the appellant approached the Regional Deputy Director of Education, Santhal Pargana for payment of his salary and for dismissal of respondent No. 7 namely Sanjay Kumar Sharma. The Regional Deputy Director of Education entrusted enquiry to the Sub -Divisional Educational Officer, Dumka who reported that the appellant was appointed, Thereafter, the District Superintendent of Education heard the matter in the presence of Gram Pradhan, Chairman of the Village Education Committee, the appellant, respondent No. 7 and respondent No. 8. The District Superintendent of Education, Dumka directed them to produce the register for selection which was not produced and therefore, the matter was directed to be enquired into by A.EO. and Block Incharge, Jharkhand Education Project, Dumka. A joint enquiry team submitted its report on 06.04.2005 indicating that it asked the appellant and the respondent No. 7 to appear before the Committee, however, appellant did not appear before the Committee. It is further stated that the villagers have stated that the respondent No. 7 has been working continuously whereas, the appellant worked only for 15 -16 days.

(3.) CHALLENGING the above direction given by the learned Single Judge of this Court, the appellant has approached this Court by filing the present Letters Patent Appeal.