SUGANDH UPADHAYA Vs. B S E B

JUDGEMENT

(1.) HEARD Mr. Awadhesh Kumar Mishra, counsel appearing in support of this writ petition and Mr. S. D. Yadav, counsel appearing for the Bihar School Examination Board, Patna.

(2.) THE petitioner was a Class -IV employee in the Examination Board. He was dismissed from service in a disciplinary action on certain charges against him. Challenging the order of dismissal, passed by the Disciplinary authority the petitioner earlier came to this Court in C.W.J.C. No. 8367 of 2001 and on the basis of the order, passed in that case he filed an appeal, as provided under the Service resolutions, before the Administrator of the Examination Board. The Administrator affirmed the order of dismissal and rejected the petitioner 'sappeal by order dated 7.6.2001. This writ petition has now been filed, challenging the orders of the petitioner 'sdismissal from the service.

(3.) MR . Mishra assailed the disciplinary proceedings and the orders of dismissal passed therein on several grounds. Learned counsel submitted that the order of dismissal passed by the original authority, namely, the Secretary was in contravention of Regulation 52(C) of the Bihar School Examination Board Regulations, 1964 . Regulation 52(C) requires the competent authority to pass the order independently and on his own without seeking any direction of the superior authority, including the Appellate Authority.