LAWS(JHAR)-2016-7-159

DEO NANDAN THAKUR Vs. STATE OF JHARKHAND

Decided On July 28, 2016
Deo Nandan Thakur Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) In the instant writ application, the petitioner has inter alia, prayed for quashing the order dated 12.02.2013 issued under the signature of the Respondent No. 3 and further prays for re-instatement of the petitioner as para-teacher.

(2.) Heard Mr. Manoj Prasad, learned counsel for the petitioner and Ms. Shivani Verma, learned J. C. to A.A.G for the respondents.

(3.) Sans details, the facts, as delineated in the writ application, in a nutshell, is that the petitioner, herein, was appointed as parateacher on 11.10.2007 by the "Aam Sabha" of Village Nathgoda, Circle - Sundarpahari within the District of Godda. By the resolution dated 11.10.2007, the name of the petitioner was approved for selection as para-teacher. The petitioner continued to discharge his duties to the satisfaction of the elected body from 2007 to 2013 and not a single complain was ever lodged by the villagers or B.E.O. regarding dereliction in his duty. On 12.02.2013 the respondent no. 2 made a surprise visit and incidentally the petitioner and one more teacher of Upgraded Middle School, Nathgora, Sundarpahari, District-Godda were found absent. It is stated that on the said surprise visit in the area altogether five para-teacher and five govt. teachers were found absent. The petitioner has been terminated from the post of Para Teacher of Upgraded Middle School, Nathgora, Sundarpahari, District-Godda by Memo no. 179, dated 12th February, 2013 issued by respondent no.3, District Superintendent of Education-cum-District Programme Officer, Jharkhand Education Project, Godda on the ground of his absence during inspection at 11.45 in forenoon on 12th February, 2013 during visit of Deputy Commissioner, Godda along with Block Education Extension Officer, Sundarpahari, Godda. The impugned order says that the members of the Village Education Committee had also reported that the petitioner and another Para Teacher, Devendra Thakur were not regular in the School.