MANAUR HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) IN this case the petitioner has challenged Annexure-7, an order communicated to the petitioner through memo no. 455 dated 29.6.1998 by the District Superintendent of Education-cum-Sub-Di- visional Education Officer, Bhabhua informing him that as per the decision of the District Education Establishment Committee, Kaimur dated 12.6.1998, the petitioner is awarded punishment of censor and withholding of any further payment towards his salary of the suspension period except the subsistence allowance and he has been released from the suspension. It appears that petitioner was served show cause notice vide Annexure-1 dated 9.10.1997 in respect of having not performed his duties with regard to revision of voter list of booth no. 196 entrusted to him on 15.9.1997. The petitioner submitted his show cause vide Annexure-2, dated 20.10.1997 in which he intimated the respondent S.D.O., Mohania that he had completed the work of revision of voter list and submitted the papers in the block office on 15.10.1997.

(3.) THE impugned order (Annexure-7) is accordingly quashed and the matter is remitted back to the respondents for- consideration from the stage of appointment of the enquiry officer and service of charge-sheet upon the petitioner. If the enquiry officer requires, he may give op- portunity to the petitioner to file another show cause in the matter and thereafter after following the procedures of Rule 55 of the said Rules final decision shall be taken in accordance with law. Since the matter is old one, the respondents are directed to complete the entire process and pass final orders in the matter within a period of four months from the date of receipt/production of a copy of the order.