STATE OF BIHAR Vs. ARBIND

JUDGEMENT

(1.) Leave granted.

(2.) Pregnability of order dated 21.1.2011 passed by the High Court of Judicature at Patna in L.P.A. No. 477 of 2009 whereby the Division Bench has overturned the order dated 26.2.2009 passed by the learned Single Judge in CWJC No. 5210 of 2002 and directed the Respondents therein to pay 50% of the arrears of salary and the subsistence allowance in full within a period of two months and to commence the departmental proceeding afresh after issuing notice to the employee has been called in question by the State of Bihar and its functionaries in the present appeal by special leave.

(3.) Filtering the unnecessary details, the facts which are essential to be stated are that the Respondent was appointed as a Headmaster (Education Service) by Memorandum No. 527 dated 27.9.1991 and he joined in the Government Basic School, Bakulahar on 1.10.1991. While he was functioning as the Headmaster, the District Superintendent of Education, Bettiah made a complaint to the Regional Deputy Director (Education), Muzaffarpur regarding illegal payment of salary by the Respondent to the non-existing teachers. A communication was sent by the Regional Deputy Director on 18.9.1996 to the Director. Primary Education, Patna, Bihar for needful action as the Respondent had illegally withdrawn Rs. 35 lakhs from the treasury by manipulating the attendance register and furnishing false information. The competent authority on 10.10.1996 directed for initiation of a departmental enquiry and lodging of an FIR against the delinquent employee. Thereafter, as the facts would undrape, an ITR was lodged which gave rise to GPS No. 50 of 1996 under Sections 409 and 420, Indian Penal Code The Respondent was put under suspension by order dated 26.5.1997 and a departmental proceeding was initiated against him on certain charges. While putting the Respondent under suspension, his headquarters was fixed at the office of the District Education Officer, West Champaran. The Respondent stayed at the headquarters till 3.10.1997 and subsequently left the place as he was not in a position to remain there due to paucity of money, for his salary was not paid for one year and further no subsistence allowance was paid. He submitted number of representations to release the subsistence allowance, but the authorities maintained sphinx-like silence. In the meantime, the criminal case continued and he was acquitted by the learned trial magistrate vide judgment dated 18.4.2000. As the Respondent did not participate in the departmental proceedings it continued ex parte and eventually on the basis of the enquiry report, the disciplinary authority passed an order of dismissal on 30.9.2000.