KHIZER SALIM S/O BARKATTULLA MIRZA Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Khizer Salim S/O Barkattulla Mirza
STATE OF MAHARASHTRA
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Sunil K. Kotwal, J. -
(1.) This petition is filed under Article 226 of the Constitution of India to quash and set aside the order dated 10.09.2009 passed by respondent No.3 confirming the dismissal order dated 21.06.2002 and seeks an order and direction to the respondents to reinstate the petitioner on the post of Assistant Teacher with continuity of service and back wages alongwith other consequential benefits.
(2.) Contention of the petitioner is that he was appointed on the post of an Assistant Teacher by Zilla Parishad,Beed on 02.08.1995 and since then he was in service as an Assistant Teacher at Zilla Parishad Secondary School, Neknoor. Before joining his service the petitioner was facing criminal trial in Sessions Case No. 66/1993 for the offences punishable under Sections 147, 148 and 307 read with Section 149 of the Indian Penal Code. The petitioner was convicted on 20.04.1996 in the said proceedings for the offences punishable under Sections 147, 148 and 326 read with Section 149 of the Indian Penal Code and he was sentenced to suffer Rigorous Imprisonment for two years and to pay fine of Rs. 500/-.
(3.) Being aggrieved by the said order, the petitioner preferred Criminal Appeal bearing No. 315 of 1996 which was pending before the High Court of Judicature Bombay, Bench at Aurangabad. The substantive sentence of the petitioner was suspended by the High Court. However, when the Education Officer, Zilla Parishad, Beed came to know about this conviction, on 08.07.1996 he issued show cause notice to the petitioner calling upon his explanation for suppression of his conviction from the Department. The petitioner submitted his explanation on 23.07.1996. He was however placed under suspension by Chief Executive Officer, Zilla Parishad, Beed on 17.10.1996.;
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