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Judgment
Shampa Sarkar, J
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/306/34 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 thereafter.
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 Article 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 dismissed.
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 for.