NAGENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned senior counsel for the petitioner and learned counsel for the State.

(2.) PETITIONER has filed this writ application for quashing of the order dated 20.09.1997 issued under the signature of the District Superintendent of Education, Saharsa, as contained in Annexure-5, by which, on conclusion of the departmental proceeding, he was dismissed from service. He has further prayed for his reinstatement in service. He has also prayed that, if necessary, respondents may be directed to proceed in the enquiryafresh, after service of copy of charges on him andother relevant documents necessary for his defence.In addition, he has also prayed for direction to therespondents to treat his suspension order dated27.9.1994 as inoperative, in the light of the orderdated 03.03.1997 passed in L.P.A. No.374 of 1995, andfor grant of subsistence allowance and full salary ofthe suspension period and of subsequent period.

(3.) ANNEXURE-A with the original counteraffidavit shows that on 13.08.1995 a paper notice waspublished in Hindi daily "Aaj" directing petitionerto appear in the office of the DistrictSuperintendent of Education, Saharsa to receive acopy of the charge and to file his reply. It alsomentions that notice had already been sent to him byregistered post but he could not be located and,therefore, the same could not be served on him. Withthe said affidavit, order sheet of the enquiryproceeding has also been annexed which refers to thenotice issued to the petitioner vide Anenxure-3 dated8.8.1997. It shows that the next date fixed in theproceeding was 12.08.1997. In the order dated12.08.1997 it is mentioned that the petitioner hadappeared but he did not file his written reply. Italso mentions that there was an attempt by thepetitioner to delay the matter. However, in the lightof the order of this Court, much time could not be allowed to him. Therefore, petitioner's statement wasrecorded on that day and he was directed to producehis documents and evidence on the next day i.e.13.08.1997.