RAMESHWAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, who was appointed as Assistant teacher and posted in Primary School, Dhanawa, at the relevant point of time on 1/9/2009 and was serving as Incharge Headmaster of the said School and also had the responsibility of mid-day meal, has filed the present writ application for quashing the order of punishment, as contained in memo no. 4512, dtd. 12/6/2017 (Annexure 18), by which three increments of the petitioner with cumulative effect has been withheld with further punishment of non-payment of any amount during the period of suspension, except the subsistence allowance and also to realize the defalcated amount from the petitioner.

(2.) Consequential prayer is for quashing memo no. 1492, dtd. 4/12/2017, (Annexure 19) by which the Appellate Authority has dismissed the departmental appeal filed by the petitioner.

(3.) During the pendency of this writ application, a sum of Rs.1,17,384,.00 towards the defalcated amount has been recovered from the monthly salary of the petitioner, starting from June, 2022, which the petitioner has challenged by way of filing I. A. No. 01 of 2022. The petitioner has also prayed for refund of the said amount.