JIBACHH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner in this application is aggrieved by the decision of the Establishment Committee not to pay him even the subsistence allowance tor the period of about 12 years while he was under suspension. The impugned decision of the Establishment Committee was communicated to him by the District Supdt. of Education, Sitamarhi under his memo No. 2233 dated 1.11.1993.

(2.) The Petitioner, an Assistant Teacher in a Government Primary school was suspended by an office order of the District Supdt. of Education, Sitamarhi issued under memo No. 1462-77 dated 17.3.1981. A true copy of this order is Annexure 8. In this order, the Petitioner was charged with not carrying out his duties in the census operation. On the aforesaid charges, he was put under suspension and the office of the Block Development Officer, Pipradih was fixed as his head quarters. It was also stated that failure to attend the head quarters may lead to supplemental charges against him. It was also said that during the period of suspension he would be, entitled to subsistence allowance.

(3.) After putting the Petitioner under suspension, the authorities seem to have forgotten him altogether and no follow-up action was taken in this regard. It appears that the Petitioner in the meanwhile ran from one authority to the other and also approached the local M.L.A. and concerned Minister. Finally, as is stated in the petition, a charge sheet was given to the Petitioner under letter No. 167 dated 4.2.1993. The charge sheet was served on the Petitioner through the Block Development Officer which as noted above had been made the Petitioner's head quarters where the Petitioner claimed to be always available. The Petitioner gave his reply on 9.2.1993 and then the matter appears to have been taken up for consideration by the Establishment Committee which in its meeting dated 19.9.1993 took a decision to revoke the Petitioner's suspension and to allow him to rejoin his duties in a school. The Establishment Committee, decided that the Petitioner shall not be entitled even to the subsistencs allowance for the period he remained under suspension. The decision of the Establishment Committee was communicated by the District Supdt. of Education under office order dated 1.11.1993 a copy whereof is at Annexure 8.