MAHENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner has filed the present writ application for quashing the order as contained in Annexure-7 dated 12.9.96 by which the Petitioner has been awarded following punishments: (i) the Petitioner is entitled to only subsistence allowance during suspension, (ii) 25.4.95 should be treated as E.L. and (iii) withholding of two increments.

(2.) The Petitioner, at the relevant time was working as Assistant teacher in Middle School, War, Madanpur. On 25.4.95 the District Superintendent of Education made surprise Inspection and the Petitioner was found absent on that date. He was put under suspension and a departmental proceeding was initiated. Thereafter, the Petitioner filed his show cause and the Area Education Officer was appointed as Enquiry Officer who after conclusion of the Enquiry, submitted a report on 5.8.95 holding that the Petitioner was on leave on that date and as such he, was not absent from duty. Thereafter, the impugned order has been passed by the District Superintendent of Education in accordance with order issued by the Chairman-cum-District Education Establishment Committee-cum-District Magistrate, Aurangabad. A copy of the said order is Annexure-7.

(3.) The stand in the counter affidavit is that the Petitioner was found absent and after enquiry, the Impugned order has been passed Imposing punishment, as stated above.