Sangeeta Chandra, J. - (1.) Both these writ petitions have been filed by the petitioner, who was initially engaged as a Shiksha Mitra in 2005. The writ petition No. 44586 of 2014 has been filed challenging the order dated 24.07.2014 passed by the District Basic Education Officer, District Kaushambi terminating the engagement of petitioner as Shiksha Mitra in view of the decision taken by the Village Education Committee as affirmed by the District Education Committee. The writ petition No. 53195 of 2014 has been filed by the petitioner praying for issuance of a writ of mandamus commanding the respondent Nos. 2 to 5 i.e. Basic Shiksha Parishad, Examination Regulatory Authority, the District Institution of Education and Trainng, Manjhanpur, District Kaushambi and District Basic Education Officer, District Kaushambi to produce the petitioner's examination record in respect to two years Open Distance Learning BTC Course for untrained Graduate Shiksha Mitra for the year 2014 so that it can be established that the petitioner was present but was wrongly marked absent with a further prayer to allow him to continue in Primary School, Mirdhan Ka Poora, Andhawan, District Kaushambi in pursuance of the interim order granted in Writ Petition No. 44586 of 2014.
(2.) The brief facts necessary for the decision of controversy are that the petitioner was initially engaged as a Shiksha Mitra for Primary School, Mirdhan Ka Poora, Andhawan, District Kaushambi for the Session 2005-2006. He continued to be engaged as such on the recommendation of the Village Education Committee for each Academic Session of 11 months. Such engagement was purely contractual and for 11 months only starting from July of each year and ending in May the following year. A First Information Report was lodged against the petitioner and his nephew on 13.05.2014 by one of his distant relatives under Sections 307, 504, 506 IPC at Police Station Mahewaghat, District Kaushambi. The petitioner fearing his arrest did not attend the school w.e.f. 13.05.2014. He filed a Criminal Misc. Writ Petition No. 8781 of 2014: Yogesh Chandra Tripathi and another Vs. State of U.P. and three others with prayer to quash the First Information Report dated 13.05.2014. This Court, however, dismissed the writ petition on 22.05.2014.
(3.) The petitioner thereafter filed an Application under Section 482 Cr.P.c. bearing No. 19714 of 2014 with a prayer for a direction to the concerned Court below to decide the Bail Application of the applicant expeditiously, if possible the same day. The Application was disposed of on 28.05.2014 but no such direction was issued by this Court. In the meantime, the Block Education Officer, Sarsawan, Kaushambi visited the Primary School for inspection on 19.05.2014 and submitted a report to the District Basic Education Officer on 19.05.2014 that the petitioner had remained absent from the Primary School since 13.05.2014 and his mobile phone has also been switched off but the villagers had informed that due to some family dispute an FIR has been lodged and the petitioner was absconding due to fear of arrest. A show cause notice was issued on 27.05.2014 directing the petitioner to submit his reply. A reply was given by the petitioner on 28.05.2014 in which he stated that due to the First Information Report being lodged against him in police station Mahewa Ghat, District Kaushambi, the petitioner was on the run and that he had submitted an Application to the In-charge Headmaster on 14.05.2014 explaining his absence. Since the reply submitted by the petitioner on 28.05.2014 was unsatisfactory, the District Basic Education Officer asked the Block Education Officer, Sarsawan on 05.06.2014 to submit a detailed report. The Block Education Officer, Sarsawan on 16.06.2014 submitted a report informing that several First Information Reports had been lodged against the petitioner. The details of which are as follows :- JUDGEMENT_280_LAWS(ALL)9_2017_1.html JUDGEMENT_280_LAWS(ALL)9_2017_1.html ;