YADUNANDAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed by the petitioner for quashing the order dated 18-8-1992 (Annexure-1) passed by the Director of Secondary Education, Respondent No. 2, by which he has suspended the petitioner from service on the ground that the petitioner has been made an accused in Nalandan P. S. Case No. 158/90 under Section 364/34, I.P.C.

(2.) The petitioner is an assistant teacher posted ia Vidya Vihar High School, Eksara, in the district of Nalanda. According to the petitioner he has been falsely implicated in the present case because of Village rivalary. Nonetheless, the fact remain that he is an accused in a criminal case, which has lead t the passing of the impugned order of suspension by the respondent-Director.

(3.) Mr. Pandey, learned counsel appearing for the petitioner has assailed the impugned order on the ground that under the provisions of the Bihar Nationalised Secondary Schools (Conditions of Service) Rules, 1983 (hereinafter to be referred to as the Rules only), the Director of Secondary Education is not competent to either initiate disciplinary proceeding against an assistant teacher or to pass an order of suspension in course of or in contemplation of any such proceeding and, as such, the impugned order is unsustainable in law.