Radha Bhagat v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 1101 of 2019 Sardha Singh W/o Santosh Singh Aged About 41 Years Presently Posted As Assistant Teacher (Lb), At Government, Primary School, Aagirma, Surajpur Chhattisgarh. R/o Near Jaiswal Dharmsala, Ambikapur, District Surajpur Chhattisgarh.
State Of Chhattisgarh Through The Station House Officer, Police Station Surajpur, District Surajpur Chhattisgarh.
WPCR No. 1103 of 2019 Pooja Singh C/o Dinesh Kumar Aarmo Aged About 36 Years Presently Posted As Assistant Teacher (L.B.), At Government Primary School Sundarganj Chhattisgarh. R/o Near Mission Hospital Saheli Gali Kedarpur Ambikapur Sarguja District - Sarguja Chhattisgarh. State Of Chhattisgarh Through The Station House Officer, Police Station Surajpur District Surajpur Chhattisgarh.
WPCR No. 1104 of 2019 Najma Khatoon Ansari W/o Mehtaab Khan, Aged About 37 Years Presently Posted As Assistant Teacher (Lb), At Government Primary School, Lanchhi, Dabribara, (Chhattisgarh) R/o Village Navapara Surajpur, District Surajpur Chhattisgarh.
State Of Chhattisgarh Through The Station House Officer, Police Station Surajpur, District Surajpur Chhattisgarh.
WPCR No. 1105 of 2019 Jagbaran Ram Rajwade S/o Late Shri Ramnath Rajwade Aged About 46 Years Presently Posted As Assistant Teacher (L.B.), At Government
Primary School, Harrapara, Manjhi Chhattisgarh. R/o Village Basdeyi, District Surajpur Chhattisgarh.
State Of Chhattisgarh Through The Station House Officer, Police Station Surajpur, District Surajpur Chhattisgarh.
WPCR No. 1107 of 2019 Geeta Agrahari W/o K.C. Gupta Aged About 38 Years Presently Posted As Assistant Teacher (Lb), At Government Primary School, Aagirma, Mahabirpur, Surajpur, Chhattisgarh, R/o- Near Mahamaya Petrolpump, Ring Road, Ambikapur, District- Surajpur, Chhattisgarh. State Of Chhattisgarh Through The Station House Officer, Police Station Surajpur, District Surajpur, Chhattisgarh.
WPCR No. 1108 of 2019 Radha Bhagat D/o Amar Saay Aged About 35 Years Presently Posted As Assistant Teacher (Lb), Government Primary School, Mahadevpara, Girwarganj, Chhattisgarh R/o Village Jelpara, Surajpur, District Surajpur Chhattisgarh.
State Of Chhattisgarh Through The Station House Officer, Police Station Surajpur, District Surajpur Chhattisgarh.
WPCR No. 1109 of 2019 Julita Toppo W/o Jyotish Kumar Ekka Aged About 36 Years Presently Posted As Assistant Teacher (Lb), At Government Primary School, Basdeyi, Chhattisgarh, R/o Jail Line Surajpur, District Surajpur, Chhattisgarh.
State Of Chhattisgarh Through The Station House Officer, Police Station Surajpur, District Surajpur Chhattisgarh. WPCR No. 1110 of 2019 Pooran Singh S/o Sundar Singh Aged About 45 Years Presently Posted As Assistant Teacher (Lb), At Government Primary School, Pathakpur, Surajpur, Chhattisgarh. R/o Vill. Banja, Post- Banja, Teh. Bhaiyathana, DistSurajpur, District- Surajpur, Chhattisgarh. State Of Chhattisgarh Through The Station House Officer, Police Station Surajpur District Surajpur Chhattisgarh WPCR No. 1111 of 2019 Anjali Singh D/o Shri Jagmohan Singh Aged About 31 Years Presently Posted As Assistant Teacher (L B) At Government Primary School, Koltapara, Chhattisgarh. R/o Village Pondipa, Post Office Kalyanpur, District Surajpur, Chhattisgarh.
State Of Chhattisgarh Through The Station House Officer, Police Station Surajpur, Chhattisgarh.
WPCR No. 1106 of 2019 Urmila Rai D/o Ramadhar Rai Aged About 39 Years Presently Posted As Assistant Teacher (Lb), Government Primary School, Balgalipara (Aagirma) Surajpur Chhattisgarh R/o Gudrichowk, Curch Road, Kendrapu, Ambikapur District Surajpur Chhattisgarh.
State Of Chhattisgarh Through The Station House Officer, Police Station Surajpur, Chhattisgarh.
For Petitioners :
Mr. Ishan Verma, Advocate For State :
Mr. H.S. Ahluwalia, Deputy Advocate General Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 23/10/2019
1. These writ petitions have been preferred by the petitioners stating inter alia that their names have not been mentioned amongst the 99 'Shikshakarmis' against whom FIR No. 263/15 dated 08/07/2015 has been lodged by CEO Janpad Panchayat Surajpur at Police Station, Surajpur, yet their service books have been seized by the Station House Officer and are not being released.
2. Mr. Ishan Verma, learned counsel for the petitioners would submit that as petitioners' service books are seized, they are suffering and the benefit of increment along with other benefits are not extended to them, therefore, appropriate direction be issued for releasing their service books.
3. Mr. H.S. Ahluwalia, learned Deputy Advocate General for the State, on instructions, would submit that if the competent officer or the concerned department moves an application for release of petitioners' service books, if not required for further probe, the service books will be released by the Station House Officer.
4. I have heard learned counsel for the parties, considered their submissions and perused the records.
5. Taking into consideration the submission made by learned counsel for the petitioners that neither the petitioners are accused persons nor their names have been mentioned anywhere in the FIR in question, as stated at the Bar, Block Education Officer, Surajpur may
move an application for release of service books of the petitioners to the Superintendent of Police, Surajpur within three weeks from the date of receipt of a copy of this order and that application will be considered and decided by the Superintendent of Police, within further two weeks and if petitioners' service books / necessary records are not necessary for investigation of the said offence, they shall be released to the competent officer / concerned department of the Block Education Department. The service books will be kept in custody of the Block Education Officer, Surajpur for production as and when necessary and they will not be destroyed / changed without the leave of the District Magistrate, Surajpur, however, necessary entry with regard to the increments, etc. shall be made by the competent officer / concerned department and if required, service books will be produced before the competent authority/Court.
6. With the aforesaid directions, these writ petitions stand disposed of. No order as to cost(s).
7. A copy of this order be sent to the Block Education Officer, Surajpur by e-mail/fax for needful and compliance.
Sd/- (Sanjay K. Agrawal) Judge Harneet