LAL BABU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Initially the petitioner filed the present writ application for quashing the order of suspension dtd. 10/4/2014 bearing Memo No. 1295 and for quashing the memo of charge dtd. 2/4/2014, however, during pendency of this writ application the petitioner was awarded punishment in the departmental proceeding and the order of punishment dtd. 30/6/2015 and the order passed by the appellate authority dtd. 1/3/2016 have also been challenged by the petitioner by way of I.A. No. 7675 of 2016.

(2.) Brief facts of the case is that the petitioner was working as an Assistant Teacher in Gandhi Smarak Uchch Vidyalaya, Bhore, Gopalganj. On 31/7/2011 the regular Headmaster of the School retired and the petitioner being the senior most teacher of the School was given the charge of the Headmaster on 31/7/2011, and thereafter, he started discharging his duties as In-charge Headmaster.

(3.) In the meanwhile, one Assistant Teacher of the same school namely, Krishna Prasad Kushwaha was promoted on the post of Headmaster on 21/8/2012 and was posted at Raj Narayan Smarak Pariyojna Balika Uchch Vidyalaya, Bhore, Gopalganj. Later on, by an order issued under the signature of Director, Secondary Education dtd. 12/12/2012 the transfer order of the promoted Headmaster was modified and he was directed to take charge of the Headmaster of the same School where the petitioner was working as Incharge Headmaster.