Santosh Kumar Sah vs State Of Jharkhand
2022 Latest Caselaw 4593 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                       W.P(S) No. 2323 of 2017
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Santosh Kumar Sah .... .... Petitioner(s).

Versus

1. State of Jharkhand

2. The Secretary, Human Resources Development Depart. Govt. of Jharkhand, Ranchi

3. The Director, Higher Education, Human Resources Development Department, Govt. of Jharkhand, Ranchi

4. The Deputy Commissioner, Dumka

5. The District Superintendent of Education, Dumka

6. The Principal of Primary/Middle Schools Bhalpahari, Shikaripara, Barmasai, Dumka

7. The Village Education Committee Utkramik Middle School, Bhalpahari, Dumka .... .... Respondent(s)

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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For the Petitioner(s) : Mr. Manoj Tandon, Advocate For the Respondent : Mr. Shashank Saurav, AC to GP-III 7/17.11.2022 Counsel for the petitioner submits that petitioner was appointed as a Para Teacher on 24.01.2007 and after serving for two years he was implicated in a criminal case under Section 304B IPC being Shikaripara P.S. Case No. 30 of 2009. Ultimately the petitioner was acquitted. Thereafter he went to give his joining which was not accepted, he was not allowed to join the service. He submits that his acquittal was not taken into consideration rather just on the basis of his implication in a criminal case, he was not allowed to join.

Considering the said submission, I direct the petitioner to approach before respondent no.4- Deputy Commissioner, Dumka with an application along with copy of the judgment of acquittal. On receipt of the said representation the respondent no.4 will decide the representation of the petitioner taking into consideration the judgment of acquittal. If he arrives at a conclusion that the petitioner needs to be reinstated, appropriate order should be passed within a period of eight weeks from the receipt/production of the copy of this order along with the representation. If necessary, one opportunity of personal hearing should be given to the petitioner.

Accordingly, the instant writ application stands disposed of.

(ANANDA SEN , J) anjali/cp2