ISHWAR DAYAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner appellant is Ishwar Dayal. Since 1 September, 1975. he was posted as a Headmaster at the Middle School, Khajpura, Patna Sadar, Patna. The petition was filed because an action was taken against him for having closed the school in Village and having permitted a marriage party to stay at the School. He was suspended. He was chargesheeted. An inquiry was made against him. Punishment was awarded to him by loss of an increment from his emoluments. Thereafter, he was transferred out of the School to another School. The petitioner had come earlier to the High Court also when he filed C.W.J.C. No. 7574 of 1998 : Ishwar Dayal V/s.The State of Bihar & Ors. against his order of suspension. The Court had not interfered at that stage as inquiries against him were pending.

(2.) ULTIMATELY , the administrative inquiries saw the charges proved so to say. He was punished. On the punishment awarded, he saw loss of an increment, non -payment of salary during inquiries and transfer out of the School. Thus, the petitioner filed C.W.J.C. No. 3413 of 1999 : Ishwar Dayal V/s. The State of Bihar & Ors.

(3.) THE matter was debated in hearing on the writ petition. Initially the learned Judge was of the view, as expressed in the judgment impugned in this appeal, to observe "I am inclined to think that the /procedure adopted by was not correct" This Court is of the view that the matter should have been left with this verdict on the departmental proceedings certified as incorrect and wrong in procedure. If the Honble Judge had already come to the conclusion that the procedure in the inquiry was against norms, the logical conclusion, would have been to remit the matter to the Enquiry Officer to examine the matter de novo and afresh.