SAYEEDUR REHMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is by special leave and is directed against the order of the High Court of Judicature at Patna dated September 3, 1965 dismissing the appellant's writ petition.

(2.) The appellant, a teacher of Araria Higher Secondary School was dismissed from service by the Managing Committee of the said school at a meeting held on February 27, 1958 on a charge of misappropriation of school money. On appeal by him the President of the Board of Secondary Education, set aside the order of dismissal by order dated April 22, 1960 and directed his reinstatement in service. By the same order of reinstatement a further direction was given that the appellant should be paid full salary, dearness allowance and increment from the date of his suspension till the date of reinstatement after adjusting the amount already paid. When this order was received by the Managing Committee it was obeyed so far as the reinstatement of the appellant is concerned but the Managing Committee requested the President of the Board of Secondary Education "to review the whole matter specially with regard to the payments for the period of suspension". The President by his order dated February 25, 1961, reviewed the matter and modified his earlier order made on appeal by providing that the appellant would be entitled only to subsistence allowance for the period of his suspension. That decision was conveyed by the Secretary, Board of Secondary Education to the District Education Officer in letter no. 2799-100-1 dated February 25, 1961 which reads:

(3.) The appellant thereupon filed an application under Arts. 226 and 227 of the Constitution in the High Court of Judicature at Patna in which it was contended on his behalf that the President of the Board of Secondary Education could not modify the earlier order dated April 22, 1960 without giving to the petitioner an adequate opportunity of being heard. The High Court considered this argument to be without merit because according to an earlier Bench decision of the High Court in Liladhar Jha v. Board of Secondary Education, Patna. 1963 BLJR 880 the President as appellate authority was empower only direct reinstatement of a dismissed teacher and had no jurisdiction to make any order with regard to the payment of any arrears due to him. Though the correctness of this decision was questioned before the High Court by the counsel representing the appellant in that Court the Bench hearing the writ petition did not consider it to be a fit case for reference to a larger bench to re-examine the view taken in the case of Liladhar Jha (supra). On this view the High Court held the order of the President of the Board of Secondary Education dated April 22, 1960 directing payment of full salary, dearness allowance and increment to the petitioner from the date of his suspension till the date of reinstatement to be invalid. Having so held the High Court proceeded to observe that the petitioner would gain nothing if it was further held that the subsequent order of the President dated January 18, 1964 modifying the earlier order of April 22, 1960 was held invalid on the ground that no opportunity of hearing was given to the appellant. This question, in the opinion of High Court, had become somewhat academic because the appellant could not get any relief in that writ petition.