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 ----------- 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.)