SATYANAND PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order as contained in memo dated 5.7.1999 (Annexure 4) whereby the District Superintendent of Education, East Champaran at Motihari while revoking the order of suspension had inflicted various punishments including the punishment of withholding of two increments with cumulative effect. Further prayer made by the petitioner is to quash the order as contained in Memo dated 15th of April, 2004 (Annexure 8) whereby the appeal preferred against the aforesaid order has been dismissed by the Commissioner as barred by limitation.

(2.) In view of the order which I propose to pass, it is inexpedient to give in detail the facts of the case. Suffice it to say that by order dated 10.9.1997 petitioner was put under suspension. Thereafter by Memo dated 24.10.1997 petitioner was served with the memo of charge and he was asked to submit his explanation. Petitioner submitted his explanation dated 17.11.1997 (Annexure 2) denying the allegation made against him and for exonerating him from the charges. By the impugned order dated 5.7.1999 the District Superintendent of Education revoked the order of suspension but while doing so it inflicted various punishments including the punishment of withholding of two increments with cumulative effect.

(3.) It seems that aggrieved by the aforesaid, petitioner made representation which was placed for consideration before the District Establishment Committee in its meeting held on 22.12.2003 and it resolved to maintain the order of punishment inflicted on the petitioner. The decision of the District Establishment Committee was communicated to the petitioner by the District Superintendent of Education by letter dated 19.1.2004 (Annexure 6).