VIJAY KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) PETITIONER is aggrieved by orders of his suspension contained in Annexure -1 dated 22 -12 -2000 15. issued by the District Magistrate, Banka and its approval by the Director, Secondary Education contained in Annexure -6 dated 26 -5 -2001.

(3.) IN such circumstances, the suspension of petitioner is found to be unjustified. There appears to be merit in the contention of the petitioner that initial order of suspension could not have been passed by the District Magistrate because as per the Service Conditions Rules as amended in 1997, the power of disciplinary action including suspension of all assistant teacher is vested in the Director, Secondary Education. The order of approval by the Director cannot be construed as the original order which is required to be passed by the Director. For all these reasons, this Court finds the