NIRAJ KUMARI, WIFE OF ASHWINI CHAUDHARY, AT + POST Vs. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA

JUDGEMENT

(1.) Heard Mr. Yugal Kishore, learned senior counsel appearing for the petitioner and Mr. Vivek Anand Amritesh, learned Assisting Counsel to Standing Counsel No.28 for the State.

(2.) The petitioner is aggrieved by the office order bearing Memo No.704 dated 21.3.2016, whereby the petitioner, Incharge Headmaster of Middle School, Kanhaiyachak (South), Parbatta in the district of Khagaria has been put under suspension, inter alia, on the allegations of irregularities and black-marketing of food materials supplied under the Mid-day Meal Scheme.

(3.) The FIR is the foundation for the order of suspension, a copy of which is enclosed at Annexure-5 to the writ petition giving rise to Parbatta P.S. Case No.392 of 2015 registered under section 7 of the E.C. Act. The petitioner along with one other has been made accused in the case. It is following the institution of criminal case that a recommendation was made by the District Programme Officer, Mid-day Meal Scheme, Khagaria to the District Education Officer, Khagaria for appropriate action against the petitioner vide letter dated 212.2015 placed at Annexure-6 and accordingly a show cause was issued by the District Programme Officer, Establishment (Education Department), Khagaria on 8.1.2016 enclosing the letter of the District Programme Officer, Mid-Day Meal Scheme dated 212.2015 which is enclosed at Annexure-7. The petitioner filed an exhaustive reply denying the allegations vide Annexure-8 and by order dated 21.2016 of the District Programme Officer, Establishment (Education Department), Khagaria the explanation of the petitioner has been rejected as non-satisfactory and on the direction of the District Education Officer, Khagaria the petitioner has been put under suspension.