Santosh Kumar Suna vs State Of Odisha And Ors
2022 Latest Caselaw 2829 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                   W.P.(C) No.10256 of 2022

        Santosh Kumar Suna                      ....         Petitioner

                                                Mr. S.K. Sarangi, Adv.
                                   -versus-

        State of Odisha and Ors.                ....    Opposite Party

                                              Mr. G.R. Mohapatra, ASC

                CORAM:
                MR. JUSTICE S.K. PANIGRAHI

Order                          ORDER
No.                           23.06.2022

02. 1. This matter is taken up through hybrid arrangement.

2. Heard.

3. Learned counsel for the petitioner submits that the

petitioner was serving as Junior Teacher in Paikthuaguda

Primary School under Langigarh Block in the district of

Kalahandi and he was disengaged from service due to

initiation of criminal case i.e. Langigarh P.S. Case No.90

of 2015 under Sections 409/ 431/ 109/ 34 of the I.P.C.

corresponding to C.T. Case No.1036/2015/TR No.41/2016.

The petitioner has been acquitted vide judgment and

order dated 01.11.2017 passed by the learned Chief

Judicial Magistrate, Kalahandi in the aforesaid case.

// 2 //

Then, the petitioner represented before the opposite party

Nos.2-Collector-cum-CEO, Zilla Parishad, Kahalandi and

3- District Project Coordinator, Sarva Shikhya Abhiyan

(SSA), Kalahandi seeking his reengagement since he has

been acquitted by the learned Chief Judicial Magistrate,

Kalahandi. The Law Department, Government of Odisha

has also clarified that there is no bar to again take the

contractual employees involving in criminal charges and

later acquitted from the charges by the Court. He further

submits that the opposite party No.3- District Project

Coordinator, Sarva Shikhya Abhiyan (SSA), Kalahandi

has also written a letter to the Deputy Secretary to

Government, School and Mass Education Department,

Bhubaneswar seeking re-engagement of the present

petitioner on the basis of the opinion rendered by the

Law Department stating that there is no bar for re-

engagement of the present petitioner.

4. In such view of the matter, let notice be issued to the

opposite parties.

5. Mr. G.R. Mohapatra, learned Additional Standing

Counsel for the State waives of notice on behalf of the

opposite parties. Required number of copies of the Writ

Petition be served on him within three working days

// 3 //

hence, who shall obtain instructions in the matter and file

reply.

6. List this matter on 2nd of August, 2022.

( S.K. Panigrahi) Judge BJ