RANCHI, India, Jan. 27 -- Jharkhand High Court issued the following order on Jan. 5:

1. Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner for quashing and setting aside the office order contained in Memo No.1405 dated 01.04.2017 issued by the 3rd respondent; whereby the services of the petitioner has been terminated from the post of Intermediate Trained Teacher, Primary School, Sringarbera, Bermo, District Bokaro with a further direction to lodge an F.I.R. against the petitioner.

The petitioner has further prayed for a direction upon the concerned respondents to reinstate him in service with all consequential benefits including the salary from 06.01.2016 to 01.04.2017 during which the petitioner has discharged the duty on the post of Intermediate Trained Teacher of the concerned school.

3. The brief facts of the case as per the pleadings are that the petitioner passed matriculation from High School, Kubari in the district of Giridih in 1988. He also passed his Madhyama in 1990, which is equivalent to matriculation, from Bihar Sanskrit Education Board, Patna, as an independent candidate. Thereafter, the petitioner did his Intermediate in 1991.

In 1994, Bihar State Nationalised Primary Teachers (Transfer and Disciplinary Proceeding) Rules, 1994 was framed, which was adopted by the State of Jharkhand. Rule 8(2)(ii) thereof, provides that the penalty upon a teacher cannot be imposed without holding a regular departmental proceeding. Thereafter, the petitioner did his graduation with Sanskrit Honours in 1996.

4. Thereafter, on 29.11.2002, the petitioner was selected as Para Teacher by Village Education Committee, Primary School, Shershinga. On 31.08.2009, the petitioner was granted the certificate of Diploma in Education by the IGNOU. After the petitioner became successful in Jharkhand Teachers' Eligibility Test (J-TET), he was granted J-TET certificate on 28.05.2013. Thereafter, the competent authority granted the certificate to the effect that the petitioner has been working as Para Teacher since 29.11.2002 and there was no break in his service. A certificate was granted by Bihar Sanskrit Education Board to the effect that the petitioner passed his Madhyama examination, as an independent student (Swatrantra Chhatra) on 19.06.2015.

5. An Advertisement No. 01/2015-16 was issued by the office of District Superintendent of Education, Bokaro for appointment on the post of Intermediate Trained Teacher in the primary schools for Classes 1 to 5. The petitioner, eligible in all respects, as per the terms and conditions stipulated in the advertisement, applied. Finally, the candidature of the petitioner was considered and appointment letter was issued to him on 01.01.2016. As required, the petitioner submitted his resignation on the post of Para Teacher on 05.01.2016. Thereafter the petitioner joined in the office of District Superintendent of Education, Bokaro on the post of Intermediate Trained Teacher on 06.01.2016. Petitioner was deputed for training from 27.01.2016 to 02.02.2016. The petitioner was finally posted in Primary School, Sringarbera, Bermo in the district of Bokaro on 28.02.2016.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=eISc8sUCYnQFBVP%2BVeJCOMalV2cxki5%2BAXjvB7u4KnZ%2B20uTaxEGGZfOgEBcEaTq&caseno=WPC/2392/2017&cCode=1&cino=JHHC010263052017&state_code=7&appFlag=)

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