KUMARI CHITRALEKHA SINHA, WIFE OF SRI SHAILENDRA KUMAR, RESIDENT OF QR. NO. 2052, SECTOR Vs. THE STATE OF JHARKHAND AND OTHERS

JUDGEMENT

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

(2.) In the accompanied writ application, the petitioner has, inter-alia, prayed for issuance of certiorari for quashing of the order dated 17.08.2010 (Annexure-5) issued by respondent no. 5 pertaining to imposition of punishment of stoppage of three annual increments with cumulative effect, stoppage of difference of salary for the period of suspension and the petitioner was transferred to another school i.e. Primary School, Pupunki Circle, Chas-III, mentioning therein that the petitioner is imposed with minor punishment under Rule 8(1) (i) & (iii) of the Bihar State Government Elementary School Teachers (Transfer and Disciplinary Proceeding) Rules, 1994.

(3.) The facts as disclosed in the writ application in a nutshell is that the petitioner was appointed as Assistant Teacher on 30.11.1988 and was posted in Primary School, Sardaha, Dhanbad (Now Bokaro). Thereafter, the petitioner continued to discharge of her duties to the utmost satisfaction of the authorities and without any blemish in her service. While the petitioner continuing at Middle School, Harila, Bokaro an allegation was levelled against her on 14.11.2009 that she has assaulted students by stick and this fact has been informed to the respondent no. 5 by respondent no. 6 that the assault took place on 14.11.2009 on Children's Day and apart from assault there was also allegation of non-performance of duties, using abusive language to students. Thereafter, the petitioner was suspended vide memo dated 14.11.2009 and a charge-sheet was issued to the petitioner vide memo dated 26.02.2010 by respondent no. 5 and the petitioner accordingly submitted her show-cause. An enquiry was conducted by the Inquiry Officer-cum-Area Education Officer, Bermo (Bokaro) and a report was submitted, finding the petitioner guilty of charges. Thereafter, the petitioner being found guilty of charge nos. 1 and 2 had been ordered the punishment of stoppage of three annual increments with cumulative effect besides she has been transferred to another school and was also denied the difference of salary for the suspension period.