Rajasthan High Court - Jaipur
Deeksha Sahu vs State Education Departmentors on 1 March, 2019
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 6460/2015
Deeksha Sahu D/o Shri Kailash Chand Sahu, Alanpur Chauraha,
Sawai Madhopur Raj.
----Petitioner
Versus
1. The State Of Rajasthan Through Secretary, Department
Of Education, Govt. Of Rajasthan, Secretariat,
2. The Director, Secondary Education, Lalgarh Palace,
Bikaner.
3. Dy. Director, Secondary Education, Bharatpur Division,
Bharatpur.
4. District Education Officer Secondary, Sawai Madhopur.
----Respondents
For Petitioner(s) : Mr. N.N. Sharma
For Respondent(s) : Mr. Ganesh Meena, AAG
Mr. Saurabh Sharma
HON'BLE MR. JUSTICE ALOK SHARMA
Order
01/03/2019
Pursuant to the interim order dated 28.5.2015, the petitioner has been allowed to join on the post of Sr. Teacher (Mathematics) at the Government Secondary School, Datuli, Bonli, District Sawai Madhopur on 8.1.2016. The foundational facts of the said order are not disputed by the respondents.
In reply to the petition, it has been submitted that the petitioner was initially not allowed to join as he did not join upto (2 of 4) [CW-6460/2015] the last date notified i.e. 31.12.2014. Further the District Education Officer, Secondary Education, Sawai Madhopur vide his letter dated 19.12.2015 reported that investigation in FIR No. 154/2014 registered at Woman Police Station, Sawai Madhopur for offences under Section 143, 323, 342 and 504 IPC was pending against the petitioner. For this reason the writ petition is liable to fail and it be dismissed irrespective of the petitioner having been allowed to join on the post of Sr. Teacher (Mathematics) at the Government Secondary School, Datuli, Bonli, District Sawai Madhopur as directed by the interim order dated 28.5.2015.
Counsel for the petitioner submitted that FIR No. 154/2014 for offences under Section 143, 323, 342 and 504 IPC at Women Police Station, Sawai Madhopur was lodged by one Ramji Lal husband of the petitioner's sister generally naming the petitioner for reason of a family dispute. The nature of allegations against the petitioner falsely implicating her are even otherwise minor in nature and do not entail any moral turpitude. Further in any event, following the police investigation, a negative report in FIR No. 154/2014 aforesaid was filed before the jurisdictional (3 of 4) [CW-6460/2015] court stating that no offence, as alleged, was made out. Albeit a protest petition was filed thereagainst by the complainant, it was dismissed by the Court of Chief Judicial Magistrate, Sawai madhopur vide order dated 27.6.2018 on the basis of compromise between the parties.
A copy of the FR and its acceptance by the Judicial Magistrate on 27.6.2018 have been passed over to the Court during the course of hearing of this petition, and are taken on record.
Having heard counsel for the parties and taking into consideration the overall facts of the case, particularly that in pursuance of the interim order dated 28.5.2015, the petitioner has been allowed to join as Sr. Teacher (Mathematics) at the Government Secondary School, Datuli, Bonli, District Sawai Madhopur and also that the FIR filed against the petitioner amongst others of her family by her brother in law which has since been closed on the final report (negative) of the police following investigation by the police being accepted by the jurisdictional magistrate, I would allow this petition.
(4 of 4) [CW-6460/2015] The petitioner having been allowed to join after her due selection as Sr. Teacher (Mathematics) with the Department of Secondary Education, in terms of the court's interim order dated 28.5.2015, she should be allowed to continue on the said post with all consequential benefits.
(ALOK SHARMA),J DK Powered by TCPDF (www.tcpdf.org)