Sanjay K. Agrawal, J
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, Surajpur 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, services 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.
