SHIVA NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, petitioner prayed for a direction to release his retiral dues and for quashing his punishment order dated 24.6.1999 (Annexure -8).

(2.) PETITIONER was posted at Harijan Middle School, Jojobera, Jamshedpur since 25.4.1983. He became Head Master. After about 13 years, he was transferred to Middle School. Musabani, Jamshedpur by order 28.2.1996/4.3.1996. He was relieved on 19.3.1996 and the other Head Master Sri Hem Chandra Jha was posted at his post. He challenged his transfer order vide CWJC No. 990 of 1996 (R) which was disposed of with liberty to file representation. His representation was rejected. He again filed writ petition, being CWJC No. 3256 of 1996 (R) challenging the rejection of his representation. On 17.12.1996, an interim order of stay of transfer was passed. Pursuant to the said interim order, an order dated 14.2.1997 was issued by the Department. The said writ petition was dismissed on 10.3.1997 and, accordingly, on 22.4.1997 petitioner was ordered to join his transferred post. Petitioner filed appeal (L.P.A. No. 213 of 1997 (R) against the dismissal of his writ petition which he withdrew on 5.5.1997 unconditionally. Even then he challenged the said consequential order dated 22.4.1997 issued pursuant to dismissal of his writ petition vide CWJC No. 1680 of 1997 (R), which was also dismissed on 8.7.1998, holding that the petitioner cannot be allowed to agitate the same matter again and again and that he did all this at his own risk, as before the withdrawal of the said L.P.A, the order dated 22.4.1997 was already issued directing him to join pursuant to the dismissal of his earlier writ petition. It may be noted here that the petitioner, in this writ petition has suppressed about the filing and the order passed in CWJC No. 1680 of 1997 (R), dated 8.7.1998 which is annexed by the respondents as Annexure -E to the counter -affidavit.

(3.) IT may be noted that in paragraph -13 of the counter -affidavit, it is explained that the punishment order is dated 24.6.1999 and not on 24.4.1999 which was a mistake in the duplicate copy of the order.