RAGHAV RAI Vs. STATE

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 11.1.2002 (Annexure -1) whereby the District Superintendent of Education has inflicted on the petitioner the punishment of dismissal from service from the date of his suspension. Further prayer made by the petitioner is to quash the order dated 19th of November, 2003 (Annexure -2) whereby the appeal preferred by him against the aforesaid order of the District Superintendent of Education has been dismissed by the Divisional Commissioner.

(2.) SHORT facts giving rise to the present application are that the petitioner at the relevant time was working as Assistant Teacher in Girls Middle School, Nauhatta and on the purported allegation of withdrawing the money from the treasury by forging the signature of Drawing and Disbursing officer, by order dated 7.2.1998 he was suspended and a departmental proceeding initiated against him. Thereafter the matter was placed before the District Establishment Committee in its meeting held on 30.12.2001 which resolved to dismiss the petitioner from service from the date of suspension. Accordingly by the impugned order dated 11.1.2002 (Annexure -1) the District Superintendent of Education issued order inflicting the punishment of dismissal from service from the date the petitioner was put under suspension. Aggrieved by the same, petitioner preferred appeal before the Divisional Commissioner. The Divisional Commissioner by the impugned order dismissed the appeal on the ground that the same was not submitted through the competent authority as contemplated under Rule 9 of the Bihar and Orissa Subordinate Services (Discipline and Appeal) Rules, 1935 (for short the Rules).

(3.) J .C. to S.C. lll appears for the State.