CHANDRA NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) IN this writ application, the petitioner has prayed for quashing the order dated 4.12.1999 (Annexure 3), passed by the District Superintendent of Education, Saharsa (respondent no. 6) whereby the petitioner has been awarded punishment of withholding of one increment with prospective effect in the departmental proceeding. Further prayer of the petitioner is for quashing the order dated 21.2.2004, passed by the Commissioner, Koshi Division, Saharsa (respondent no.

(3.) THE petitioner was posted as Assistant Teacher in Middle School, Sileth, under Sour Bazaar Police Station in the district of Saharsa. On 2.1.1997 the petitioner on account of ailment was absent from the school and for his absence he had applied for leave. On that very date, the school was inspected by the District Magistrate, Saharsa and finding upon that the petitioner was absent from duty an order of suspension was issued by the District Superintendent of Education, on the direction of the District Magistrate. A departmental proceeding was initiated by the District Superintendent of Education and charges were framed. The petitioner on receipt of charges submitted his show cause. The Inquiry Officer considered his show cause and also held spot inquiry and thereafter he submitted his inquiry report. Finding the petitioner innocent, the Enquiry Officer recommended for exoneration of the petitioner from the charges and also for vacating the order of suspension.