APARAJITA JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE order dated 18-3-2005, passed by the Additional District and Sessions judge-cum-Special Judge, Kodemna is under challenge in this revision application whereby the learned Additional Special judge rejected the petition for discharge filed by the petitioner.

(2.) THE relevant facts in short giving rise to this application are that the opposite party no. 2 i. e. the informant lodged a written report on 22-6-2002 to the Superintendent of police, Koderma alleging therein that while he was posted and working as District superintendent of Education at Koderma, the petitioner Aparajita Jha was posted there as District Education Officer. The informant alleged that the petitioner was only the inspecting/supervising authority whereas the rest of the official work was to be performed by him on the instructions and directions of the Deputy Commissioner. Smt. Jha was also member of the District Education Establishment committee, Koderma under the chairmanship of the Deputy Commissioner and she was authorized to raise the matter regarding service conditions of teachers in the meeting of the said Committee but she used to interfere in the official functioning of the informant and thereby she used to harass him. By doing so, she used to send the teachers on deputation, she used to stop the salary of teachers and she also used to put them under suspension etc. which caused harassment to the informant. He also alleged that she also used to harass the informant by misleading the superior officers against the informant. The informant cited ten such instances of his harassment and humiliation at the hands of the petitioner.

(3.) THE first instance was relating to occurrence of the year 1998. The informant alleged that in the meeting of the Establishment committee dated 20-12-1998/31-12-1998, resolution was taken to transfer the primary Teachers but Smt. Jha misled the deputy Commissioner, Kodemna Shri Ram narayan Prasad by complaining that the informant had realized and collected illegal money from the teachers and a lot of bungling was done by him. On such report, the deputy Commissioner very badly chided and insulted the informant. Smt. Jha was also made enquiry officer to enquire the allegations. She submitted her enquiry report against the informant and thereby put him under mental torture and insult. The Deputy commissioner, on her asked for a show cause from the informant and thereafter, the informant on the instruction of the Deputy commissioner stayed the transfer of teachers. Subsequently, Shri Ram Narayan prasad, Deputy Commissioner was transferred and in his place, Smt. Vandana Kini joined as Deputy Commissioner. Smt. Jha (petitioner) made complaint to Smt. Kini also against the informant and she made several false complaints against him.