GANESHDAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed by the petitioner for quashing of the order of the Area Education Officer, Barahat (respondent No. 11) by which he has directed the Headmaster of the Middle School, Bamdco Bazar, to suspend the payment of salary to the petitioner till further orders and in the meantime he would send

(2.) According to the petitioner, he is presently posted as Assistant Teacher in Primary School, Faizpur and holds requisite educational and training qualifications for being appointed to that post. In support of his assertion he has filed photostat copies of the Admit Card, the marks sheet and the certificate of the Bihar School Examination Board being Annexures 'I' 'I/A' and '1/B'. He has also filed photo copies of the Admit Card and marks sheet of the Teachers' Training (Primary) being Annexures '2' and '2/A'. According to the petitioner, he was duly appointed pursuant to an advertisement made in the newspapers in 1980, after facing the interview and on verification of his educational, training and caste certificates. According to him, he joined as Assistant Teacher on 1 4 1982 in the School in question. It appears that the Divisional Commissioner of Bbagalpur Division directed for holding enquiry in respect of gross embezzlement brought to the notice in payment of salary to unauthorised persons claiming themselves to be duly appointed as primary teachers. The enquiry in this regard has been conducted by the Additional Collector, Flying Squad, Bhagalpur Division, Bhagalpur. It seems that pursuant to such an enquiry in respect of large number of persons, orders similar to one as contained in Annexure 9 has been passed.

(3.) We have heard Mr. Madhup, learned counsel appearing for the petitioner as also learned counsel for the State.