YOGESHWARMAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioner has questioned the order dated 10-5-1993 as contained in Annexure 1 to the writ application whereby and whereunder he has been placed under suspension. The petitioner has been working as Headmaster of Government Middle School, Burahadih, Khunti. By reason of the impugned order as contained in Annexure 1 to the writ application, he was placed under suspension on the following grounds :

(2.) According to the petitioner no circular issued by the State Government exists in terms whereof the 'Pay-scale order' (Betanman Adesh) are to be issued. It was stated that the petitioner drew the salary of the teachers for the month of January, 1993 as per the orders of the Block Education Extension Officer, Khunti. The petitioner has contended that by reason of a letter dated 7-1-1993 the Block Education Extension Officer, Khunti, directed that no Mandeya (Honorarium) is to be paid to the teachers of the said school. It has further been submitted that the petitioner drew his salary pursuant to the direction of Respondent No. 5. The petitioner has, therefore, submitted that his order of suspension having not been passed by the District Education Establishment Committee is bad in law,

(3.) In this case a counter affidavit has been filed on behalf of the respondent wherein it has, inter alia, been contended that a project had been undertaken for increasing the number of students of the school as the policy decision of the State is to see that more and more persons become literate. According to the State, the posts of teachers are sanctioned on the basis of the strength of the students. It has been contended that in a meeting dated 19-12-1992 of the Bihar Education Project, it was decided that the salary of the teachers of that school was to be stopped till the strength of the students is increased. It was submitted that the decision of the said meeting was communicated to the Headmaster of the school by the Block Education Extension Officer, Khuoti to satisfy him that he had not obeyed the order and thus had committed misconduct.