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Md. Masidur Rahaman vs State Of West on 4 September, 2019


Sn 4.9.19 W.P. 17169(W) of 2019

Mr. Golam Mustaffa
Mr. Tarakeswar Samanta
Mr. Subir Sabud
..for the petitioner
Mr. Tapan Mukherjee
Ms. Sahali Mukherjee
..for the State

This writ petition has been filed by the petitioner

challenging a memo bearing no. 300/SSM dated August 23,

2011 issued by the District Project Officer, Sarva Siksha

Mission, Malda. The contents of the memo is quoted below:‐

” The undersigned has to let him know that his
prayer to District Project Officer, Serva Siksha Mission,
Malda is hereby rejected. His attempt to cover up his jail
custody by claiming Medical Leave is a serious offence and
so there is no question of extension of his contractual
service. His service is deemed to be terminated w.e.f.
December, 2009.

District Project Officer,
Sarva Siksha Mission, Malda”

It appears that the petitioner was dismissed from

service while serving as a para teacher, which was

contractual in nature, with effect from December, 2009. The

ground for termination was furnishing false information to

the authorities with regard to his absence from duty for a

certain period of time. Admittedly, during that period the

petitioner was in jail custody for commission of offences

under Sections 498A/Section306/Section34 of the Indian Penal Code. To

cover up the fact that the petitioner was in jail custody, the

petitioner claimed medical leave for the period of absence by

suppressing the fact of his arrest.

According to the District Project Officer, Sarva

Siksha Mission, Malda, it was a serious offence. The

petitioner did not take any steps against the said order of

termination except asking the District Project Officer, Sarva

Siksha Mission on September 8, 2011 for reconsideration of

the decision. No further steps were taken by the petitioner


Subsequently, by a judgement dated July 24,

2019, the petitioner has been acquitted from the charges.

The petitioner has now filed this writ petition

after eight years from his termination praying for revocation

of the order of termination.

Admittedly, the petitioner was not terminated on

the ground that he was facing criminal investigation and

trial. The petitioner was terminated for having made false

statements before the employer, which according to the

employer was a serious offence. For last eight years, the

petitioner did not take any steps against the order of

termination. Acquittal from the changes cannot be a ground

for revocation of the order of termination, which had

attained finality on August 23, 2011. Moreover, the petitioner

was in contractual service and the authorities had already

held in the order dated August 23, 2011 that there was no

question of extension of contractual service of the petitioner.

Under such circumstances, acquittal of the

petitioner has not bestowed vested a right upon the

petitioner, which would enable him to move this Court

under SectionArticle 226 of the Constitution of India for a

mandatory order of revocation of the order of termination

and a further order for fresh appointment as a para teacher.

With the above observations, this writ petition is


There will be, however, no order as to costs.

Urgent photostat certified copy of this order be

given to the parties on priority basis, if the same is applied


(Shampa Sarkar,J.)

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