ALOIS XALXO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have filed this writ petition challenging the order of punishment dated 19.2.2003 passed by the District Superintendent of Education, Ranchi whereby petitioners services have been terminated after holding a departmental enquiry.

(2.) PETITIONERS case, as stated in the writ petition, are as follows:

(3.) SIMILARLY on 10.12.2002 a notice was issued to petitioner No. 1 by the Secretary of the school whereby he was asked to file his explanation for non - submission of question papers for conducting second semester examination. Further he was again called upon by the Secretary to return back the answer sheets of the examination. Again on 14.12.2002 another notice was issued to petitioner No. 1 asking him to file explanation for committing misconduct. Another notice dated 9.1.2003 was issued calling upon the petitioner No. 1 to show cause as to why a proceeding be not initiated for disobedience of the orders passed by the Secretary of the school. Thereafter, vide letter dated 19.2.2003 a second show cause notice was issued to the petitioners against his proposed dismissal from service on the basis of the enquiry report furnished by the Enquiry Officer. Similarly petitioner No. 3 was also served with a notice to show cause and a disciplinary proceeding was also initiated against him for the charges levelled against him. It is further stated that on 20.12.2002 a meeting of the Headmaster with the Secretary of the school was held and different matters were discussed and a decision was taken that the teachers who were involved in committing irregularities, action be taken against them. The respondents have further stated that full fledged inquiry was conducted against the petitioners for certain charges levelled against them and full opportunity was given to them to defend their cases.