RAJAT KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is a Clerk of High School Madhaul in the district of Sitamarhi and at the relevant time, working as such on deputation in the office of the District Education Officer, Sitamarhi.

(2.) The Land Reforms Deputy Collector, in its report dated 27.10.2003 (Annexure-8) addressed to the District Magistrate, Sitamarhi, wrote about the petitioner's role in attempting to make payment of salary to one Shri Prem Kumar Pandit who allegedly secured appointment on the basis of forged letter. On receipt of the aforesaid report the District Magistrate, by its memo No. 375/2004 (Annexure-9), asked the petitioner to submit his explanation through his Controlling Officer, as to why appropriate departmental action be not taken against him. Petitioner submitted his explanation dated 10.4.2004 (Annexure-10), inter alia, contending that he had no role in getting the amount disbursed from the treasury and, in fact, on account of his diligence payment could not be made to the appointee, Prem Kumar Pandit.

(3.) It seems that the District Magistrate wrote to the District Education Officer about the role played by the petitioner in the said episode in its letter dated 11.9.2004 and taking into account the allegation made against the petitioner, the District Education Officer, by its order as contained in memo dated 13.9.2004 (Annexure-11), put him under suspension in contemplation of a departmental inquiry. The order of suspension further indicated that memo of charge as also the order appointing the Conducting Officer shall be separately issued.