HARISH KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) By way of the instant writ application the petitioner has prayed for quashing the order contained in Memo No. 839 dtd. 16/7/2018 passed by the Regional Deputy Director of Education, Patna Division, Patna whereby service appeal preferred by the petitioner has been rejected. The petitioner has further prayed for quashing the order of punishment contained in Memo No. 567 dtd. 27/1/2018 passed by District Programme Officer (Establishment), Patna, imposing punishment of recovery of Rs.14,15,000.00 from the salary of the petitioner and withholding of two annual increments with cumulative effect.

(2.) The brief facts of the case is that the petitioner was appointed on the post of Assistant Teacher on 20/6/1987 at Middle School, Harnichak, Phulwarisharif, Patna. He was promoted on 31/7/2010 to the post of Graduate Teacher (Science). Consequent upon his promotion, he was transferred from Primary School, Kali Asthan, Malsalami, Patna City to Uttkramit Middle School, Maksoodpur, Fatuha, Patna, where he joined on the promoted post. Subsequently, the petitioner, being the senior-most teacher in the said school, submitted an application dtd. 27/9/2010 before the Block Education Officer, Fatuha, requesting that he should be given the charge of Headmaster on the basis of seniority. Pursuant thereto, the petitioner was given the charge of Headmaster and was later given additional charge of Kasturba Gandhi Balika Vidyalaya, Fatuha, on 7/5/2011. The petitioner discharged his duties as In-charge Headmaster of the Kasturba Gandhi Balika Vidyalaya from 7/5/2011 to 3/10/2012. At this juncture, learned counsel for the petitioner submits that during the aforesaid period, the petitioner upon taking charge of Kasturba Gandhi Balika Vidyalaya, Fatuha found several irregularities in maintaining the stock register, receipt of bills etc. by his predecessor and he brought all these facts to the notice of the District Programme Officer (Primary Education) as well as Sarva Shiksha Abhiyan, Patna through his application dtd. 22/10/2011 (Annexure- 1).

(3.) Thereafter, on one fine morning, an inspection was done by the District Programme Officer, Sarva Shiksha Abhiyan, Patna and pursuant to his recommendation the District Programme Officer (Establishment), Patna, put the petitioner under suspension with immediate effect vide office order dtd. 29/8/2012 contained in Memo No. 6628 in contemplation of departmental proceeding. However, on the same date, the District Programme Officer (Establishment), Patna, recalled and stayed the said order only with respect to suspension vide Memo No. 6648.