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2010 Supreme(Pat) 1284

MIHIR KUMAR JHA
Suryadeo Singh – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Mihir Kr Jha, J.

1. Both these writ applications involve a common question and, therefore, having been heard together are being disposed of by this common judgment.

2. In C. W. J. C. No.12980 of 2005, the prayer of the petitioner is to quash the order, dated 06.09.2005 passed by the Director, Secondary Education, Bihar, Patna whereby and whereunder the services of the petitioner Suryadeo Singh has been terminated on the ground of his being convicted for offences under Sec.307/149 Indian Penal Code (IPC) in Sessions Trial No.36 of 1985/2 of 2004 sentencing him to undergo rigorous imprisonment for a period of five years.

3. The facts in brief of the writ petitioner Suryadeo Singh is that he was appointed on the post of Assistant Teacher in Adarsh High School, Semara in the district of Rohtas on 02.01.1972 while the said school was a private high school. Subsequently, the school was taken over by the Government with effect from 02.10.1980 and the petitioner was retained as a Government servant with effect from 02.10.1980 by continuing him as the Assistant Teacher of the aforementioned school. The petitioner while he was continuing in service as an Assistant Teacher was made a





































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