IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13798 of 2009 1. PREMLAL SINGH @ PREM KUMAR VERMA S/O- SRI NARAYAN SINGH @SRI NARAYAN VERMA VILL- CHANDPUR, PO. CHANPUR, PS. FALKA, DISTT- KATIHAR NOW DISCHARGED ASSISTANT TEACHER, MIDDLE SCHOOL, KHERIYA PS. & BLOCK- KODHA, DISTT- KATIHAR Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, OLD SECRETARIAT, BIHAR PATNA 2. THE SECRETARY, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 3. THE DUPUTY SECRETARY, PRIMARY EDUCATION, GOVERMENT OF BIHAR, PATNA 4. THE DIRECTOR, PRIMARY EDUCATION, GOVERMENT OF BIHAR, PATNA 5. THE DISTRICT MAGISTRATE, KATIHAR 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, KATIHAR 7. THE AREA EDUCATION OFFICER, BARARI, DISTT- KATIHAR 8. THE BLOCK EDUCATION EXTENSION OFFICER, KODHA, DISTT- KATIHAR 9. THE TREASURY OFFICER, KATIHAR 10. THE HEADMASTER MIDDLE SCHOOL KHERIYA, DISTT- KATIHAR ----------- 02/ 21.01.2010 Petitioner’s prayer is for quashing of the order dated 25.5.2006 issued by the District Superintendent of Education, Katihar contained in Gyapank 1155. By the impugned order petitioner had been removed from his service due to the judgment and order of conviction passed by the Additional District & Sessions Judge, F.T.C. IV, Khagaria in Sessions Trial No. 28 of 1991. The order passed by the Trial Court was challenged by the petitioner before the Hon’ble High Court in Criminal Appeal No. 663 of 2004. Criminal Appeal has been allowed by the judgment and order dated 20.4.2009 and the petitioner has been acquitted of the charges. - 2 - Petitioner’s case is that in the light of the setting aside of the judgment of conviction, he is entitled for being reinstated in his service with all consequential benefits. In this regard he has already represented his case before the District Magistrate, Katihar and the District Magistrate, Katihar vide letter dated 10.8.2009 has sought for a direction from the Director, Primary Education, Bihar, Patna. This application is being disposed of directing the respondent nos. 4 and 5 for passing an order in accordance with law as per the rule considering the petitioner’s acquittal and setting aside of the judgment and order passed by the Trial Court convicting the petitioner. Necessary orders must be passed within two weeks from the date of production/communication of this order. DKS/ (Mridula Mishra, J.)