IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9815 of 2010
1. JAI KRISHAN SINGH S/O LATE HARKHU SINGH R/O VILL.-
MAHUCHAK, P.S.- RAJAUNM, DISTT.- BANKA
Versus
1. THE STATE OF BIHAR THROUGH SECRETARY
DEPARTMENT OF EDUCATION, PATNA, BIHAR
2. THE DIRECTOR OF EDUCATION, PATNA, BIHAR
3. THE DISTRICT MAGISTRATE, MUNGER
4. THE DISTRICT SUPERINTENDENT OF EDUCATION,
MUNGER
5. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION,
MUNGER
6. THE DISTRICT EDUCATION OFFICER, MUNGER
7. HEADMISTRESS, R.B. HIGH SCHOOL, JAMALPUR, MUNGER
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02. 3.3.2011 There is no dispute that the petitioner was in
judicial custody in relation to Rajoun P S Case No. 103 of 2009
which was a case registered under section 302/34 of the Indian
Penal Code against unknown persons. Subsequently he was
released on bail by the High Court, which is evident from
Anneuxre-3.
The reason for filing the writ application is because
the petitioner happens to be an Assistant Teacher and was/is
posted at R B High School, Jamalpur, Munger. Now after release
on bail he is not being permitted to join nor any decision is being
taken by the concerned respondent as to his status.
According to the counsel for the petitioner, even if
the petitioner was deemed to have been under suspension after
being taken in judicial custody for more than 48 hours, since his
release appropriate order will have to be passed under the rules.
He cannot be treated as a non-identity or persona non grata.
Since the issue has been raked up by the petitioner
2
for more than a year ago and the respondents are silent on the
issue, the writ applications is disposed of with a direction upon
the District Superintendent of Education, Munger that taking
cognizance of the facts and circumstances noted above in the
earlier part of the order, a decision with regard to the status of the
petitioner will be taken within six weeks from the date of
receipt/production of a copy of this order. If there is any breach of
the direction, respondent no.4 will be apapropriately dealt with.
The writ application is disposed of with above
direction.
rkp (Ajay Kumar Tripathi,J.)