MAHESH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present writ application for quashing the order dtd.: 19/11/2018 passed in Appeal No. 27 of 2016 by the Special Secretary, Education Department, Government of Bihar, Patna, whereby the order of termination issued vide Memo No. 3900 dated- 11/9/2014 by the Secretary of the Bihar Sanskrit Education Board has been upheld. The petitioner has also prayed for quashing of the proposal of the Ad-hoc Committee of Shri Ramashray Singh Sanskrit Primary-cum- Middle School, Naima (in short 'Sanskrit School') dtd. 17/11/2013 and for payment of all consequential dues.

(2.) The brief facts of the case is that the petitioner was appointed as Headmaster in the year 1985 in a recognized Sanskrit School run by the Managing Committee / Ad-hoc Committee. The appointment of the petitioner was approved by the Secretary of the Bihar Sanskrit Education Board (hereinafter referred to as 'Sanskrit Board') vide its letter no. 2933 dtd. 14/8/1986. In pursuance of the complaint filed before 'Janta Darbar', an inquiry was made by the Block Sadhan Sevi Mid Day Meal Officer on 12/12/2011 wherein the allegation levelled against the petitioner regarding irregularities in Mid Day Meal (MDM) was found true, and thereafter, the District Magistrate, Jehanabad vide letter dtd. 7/1/2012 directed the D.E.O., Jehanabad to take action on the basis of enquiry conducted by the Block Sadhan Sevi Mid Day Meal Officer. The D.E.O., Jehanabad vide his letter dtd. 12/01/2012 recommended for suspension of the petitioner. Accordingly, suspension order dtd. 9/1/2013 was issued by the Secretary of the Ad-hoc Committee, which was constituted vide order dtd. 18/12/2012 by the Sanskrit Board.

(3.) The petitioner challenged the suspension order issued by the Secretary of the Ad-hoc Committee dtd. 9/1/2013 before this Court in C.W.J.C. No. 16831 of 2013. This Court vide its order dtd. 29/8/2013 disposed the writ application directing the respondent nos. 3, 4 and 5 to take final decision with regard to continuation of suspension of the petitioner within a period of three months from the date of receipt of the order with further direction to the District Education Officer, Jehanabad to release the amount of subsistence allowance along with arrears and current within a period of one month from the date of receipt of the order. The respondent no. 7 was also directed to pass final order in terms of the communication received by him from the respondent nos. 3, 4 and 5 with regard to further continuation of suspension order. The Secretary, Sanskrit Board vide Memo No. 3900 dtd. 11/9/2014 (i.e. the impugned order) approved the decision of the Ad-hoc Committee dtd. 24/3/2013 regarding the termination of the petitioner.