HARIBANS PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed by the Petitioner for quashing an order of suspension dated 30.8.1973 contained in Memo No. 162, passed by the District Superintendent of Education. Champaran (Respondent No. 2) and for suitable direction for payment of his salary.

(2.) I may first notice the facts as set out by the Petitioner in the writ application in support of his claim. According to him, he was appointed as an Assistant teacher on 1.4.1951. While he was posted as an Assistant teacher in Upper Primary School, Ram Nagar, Bankat, Majhaulia, during a surprise inspection by Respondent No. 2 the Petitioner was found absent. So he was put under suspension by the impugned order contained in Annexure-2. According to the Petitioner, the suspension was wholly illegal and without jurisdiction since on the date of inspection he was on duly sanctioned leave. Subsequently he was served with a charge sheet dated 10.1.1974 (Annexure-3) in compliance whereof he filed his explanation. But till this date neither the suspension of the Petitioner has been revoked nor he is being paid subsistence allowance since March, 1979.

(3.) A counter affidavit has been filed by the Respondent District Superintendent of Education, West Champaran, wherein it has been stated that after suspension the Head Quarters of the Petitioner were made at the Office of the Block Development Officer, Majhaulia and he was paid his subsistence allowance till February, 1977. But since March, 1977 his subsistence allowance was stopped in want of his absentee statement by the Block Development Officer, In paragraph 6 of the counter affidavit it has been stated that suddenly in June, 1992 one person claiming himself to be Haribans Prasad Singh (the Petitioner) filed a representation for payment of his subsistence allowance and conclusion of departmental proceedings. Accordingly, an enquiry has been set up for ascertaining the genuineness of the identity and claim of the Petitioner and to ascertain the reasons as to under what circumstances the departmental proceeding has remained unconcluded. In paragraph 7 of the counter affidavit it has been slated that since the old District known as Champaran has been bifurcated into two districts, East and West Champaran, in the year 1974, it may take two or three months in locating the paper relating to the teacher Haribans Prasad Singh. This affidavit has been filed on 26.6.1993. We hope and trust that by this time Respondent No. 2 must have been able to locate the papers and complete his enquiry in relation to the claim of the Petitioner.