MAHABIR MISTRY Vs. SECRETARY, MANAGEMENT COMMITTEE OF ST. XAVIERS SCHOOL
LAWS(JHAR)-2015-10-106
HIGH COURT OF JHARKHAND
Decided on October 12,2015

MAHABIR MISTRY Appellant
VERSUS
Secretary, Management Committee Of St. Xaviers School Respondents

JUDGEMENT

Dhrub Narayan Upadhyay, J. - (1.) This appeal has been preferred by the petitioner/appellant against the judgment dated 31st March, 2010 passed by Jharkhand Education Tribunal, Ranchi in Case No. 66 of 2009 (JET), whereby the petition filed by the petitioner has been dismissed by holding that the dismissal order passed by the respondent is lawful and not bad in law. The fact appearing is that the appellant was working as Carpenter in Xavier's School at Bokaro Steel City. One of the sweepers of the school, namely, Ingetia Soren raised allegation that the appellant has committed rape on her while she was sweeping in a classroom of primary school building. The occurrence was witnessed by one of the staff, namely, Rama Rao, who reported the matter to the Principal. Thereafter, the appellant as well as victim were called in the office. The victim -Ignetia Soren had given in writing that the appellant committed rape on her. She had also filed a criminal case under Sec. 376 of the Indian Penal Code, being Mahila P.S. Case No. 3 of 2008. The appellant was charge -sheeted and departmental enquiry was initiated. At conclusion of the enquiry, the Enquiry Officer found the appellant guilty and submitted his report to the Management for awarding punishment.
(2.) After considering the serious allegation against the appellant, the Management of the School had decided to dismiss him from service and, accordingly, vide Letter No. 212/2009 dated 19th September, 2009 punishment order was passed by dismissing him from service.
(3.) The appellant filed an application against his dismissal before the Jharkhand Education Tribunal, but did not get favour and the application filed by him stood dismissed after adjudication and hence this appeal.;


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