SIDHNATH PRASAD Vs. ADMINISTRATOR BIHAR SCHOOL EXAMINATION BOARD

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 29th September, 2001 whereby the petitioner has been visited with the penalty of compulsory retirement and also deprived of any other emoluments, other than the subsistence allowance already paid to him for the period of suspension.

(2.) SHORT facts giving rise to the present application are that the petitioner at the relevant time was working as Section Officer in the Bihar School Examination Board, hereinafter referred to as the Board. He was served with the memo of charge dated 4.6.2001. First charge related to his absence on 2.5.2001. It has been alleged that on the said date, when inquiry was made, it was found that the petitioner had not reported tor duty till 10.30 a.m. he submitted an application and absented from duty. Second charge pertained to non - supply of mark sheets and answer books on demand by the Examination Section and absence during the working hours. Petitioner submitted his reply dated 18.6.2001 (Annexure -9) praying for exonerating him from the charges. The enquiry officer considered the reply of the petitioner and without holding any formal inquiry, submitted its report dated 31.7.2001 (Annexure -15) holding the explanation submitted by the petitioner in respect of charge no. 1 to be not satisfactory. However, the enquiry officer did not record any categorical finding in regard to charge no. 2. Petitioner was given second show cause notice dated 8.8.2001 (Annexure -13) stating therein that after he was not found present at 11.30 a.m. in the office, he came to know about that and thereafter gave application and absented from duty. Petitioner was asked to show cause within 15 days from the date of receipt of the said notice as to why he be not compulsorily retired from service. Petitioner did not file the reply and challenged the said notice in C.W.J.C. No. 11166 of 2001 (Sidhnath Prasad V/s. The Administrator, Bihar School Examination Board & Ors.) before this court. This court, by order dated 31.8.2001, dismissed the writ application. Petitioner thereafter filed L.P.A. No. 1107 of 2001 (Sidhnath Prasad V/s. The Administrator, Bihar School Examination Board & Ors.) before this Court. When the aforesaid appeal was taken up for consideration on 1.10.2001, it was pointed out that the final order has been passed by the Board and accordingly, the appeal was dismissed as infructuous.

(3.) DR . Ravi Ranjan, appearing on behalf of the petitioner submifs that the enquiry officer had submitted its report throwing all the rules and procedures to winds. He points out that the memorandum of charge only asked the petitioner to submit the reply within 15 days failing which it was indicated that it shall be presumed that the petitioner does not want to say anything in the matter and accordingly, decision shall be taken. Petitioner denied to have committed the misconduct and prayed for exoneration from charge. Thereafter, the enquiry officer, in fact, did not hold any inquiry, considered the reply of the petitioner and found him guilty of one of the charges. While doing so, it had referred to the statements made by the employees of Darbhanga, Palamau and Saran Divisions before the Administrator of the Board in its review meeting held on 2.5.2001. The statements of such of the employees were not recorded during the course of inquiry.