Allowed

Deeksha Sahu v. State Education Departmentors

Rajasthan HC1 Mar 2019CW/6460/2015

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed a petition seeking to continue the petitioner in the post of Senior Teacher after she was allowed to join via an interim order. The Court held that as the pending criminal FIR was closed with a negative final report accepted by the magistrate, dismissal was not warranted, and she should continue with benefits.

What did the court decide?

The petitioner was allowed to continue in the post of Sr. Teacher with all consequential benefits.

Deeksha Sahu Vs State Education… — Pension and Retirement Benefits | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writs No. 6460/2015

¶3

Deeksha Sahu D/o Shri Kailash Chand Sahu, Alanpur Chauraha, Sawai Madhopur Raj.

¶4

----Petitioner

¶5

Versus

¶6

The State Of Rajasthan Through Secretary, Department Of Education, Govt. Of Rajasthan, Secretariat,

¶7

The Director, Secondary Education, Lalgarh Palace, Bikaner.

¶8

Dy. Director, Secondary Education, Bharatpur Division, Bharatpur.

¶9

District Education Officer Secondary, Sawai Madhopur.

¶10

----Respondents

¶11

For Petitioner(s) : Mr. N.N. Sharma For Respondent(s) : Mr. Ganesh Meena, AAG Mr. Saurabh Sharma

¶12

HON'BLE MR. JUSTICE ALOK SHARMA Order

¶13

01/03/2019

¶14

Pursuant to the interim order dated 28.5.2015, the

¶15

petitioner has been allowed to join on the post of Sr. Teacher

¶16

(Mathematics) at the Government Secondary School, Datuli,

¶17

Bonli, District Sawai Madhopur on 8.1.2016. The foundational

¶18

facts of the said order are not disputed by the respondents.

¶19

In reply to the petition, it has been submitted that the

¶20

petitioner was initially not allowed to join as he did not join upto

¶21

(2 of 4) [CW-6460/2015]

¶22

the last date notified i.e. 31.12.2014. Further the District

¶23

Education Officer, Secondary Education, Sawai Madhopur vide his

¶24

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.

¶25

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

¶26

any event, following the police investigation, a negative report in

¶27

FIR No. 154/2014 aforesaid was filed before the jurisdictional

¶28

(3 of 4) [CW-6460/2015]

¶29

court stating that no offence, as alleged, was made out. Albeit a

¶30

protest petition was filed thereagainst by the complainant, it was

¶31

dismissed by the Court of Chief Judicial Magistrate, Sawai

¶32

madhopur vide order dated 27.6.2018 on the basis of compromise between the parties.

¶33

A copy of the FR and its acceptance by the Judicial

¶34

Magistrate on 27.6.2018 have been passed over to the Court

¶35

during the course of hearing of this petition, and are taken on

¶36

record.

¶37

Having heard counsel for the parties and taking into

¶38

consideration the overall facts of the case, particularly that in pursuance of the interim order dated 28.5.2015, the petitioner has

¶39

been allowed to join as Sr. Teacher (Mathematics) at the

¶40

Government Secondary School, Datuli, Bonli, District Sawai

¶41

Madhopur and also that the FIR filed against the petitioner amongst others of her family by her brother in law which has since

¶42

been closed on the final report (negative) of the police following

¶43

investigation by the police being accepted by the jurisdictional

¶44

magistrate, I would allow this petition.

¶45

(4 of 4)

¶46

[CW-6460/2015]

¶47

The petitioner having been allowed to join after her due

¶48

selection as Sr. Teacher (Mathematics) with the Department of

¶49

Secondary Education, in terms of the court’s interim order dated

¶50

28.5.2015, she should be allowed to continue on the said post

¶51

with all consequential benefits.

¶52

(ALOK SHARMA),J

¶53

Deeksha Sahu v. State Education Departmentors

Case brief

What is this about?

What did the court decide?

Deeksha Sahu v. State Education Departmentors

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vimla Gupta Vs Secretary R P S C Ajmerandors

Jagdish Prasad Dhobi S/O Shri Chauthmal Vs State of Rajasthan

Keshar Chand Gurjar Son of Shri Rameshwar Prasad Gurjar Vs State of Rajasthan

Hendri Daizousa S/O Williyam Dazousa Vs the State of Rajasthan

Smt. Indra Gupta Wife of Shri Dinesh Lal Gupta Vs the State of Rajasthan

Sunita Yadav D/O Shri Rajender Singh Vs Shri Alok Gupta