GOVINDA CHANDRA ROUT Vs. MANAGING COMMITTEE

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India for the quashing of Annexure - 8, an order of penalty imposed in a disciplinary proceeding, and for a mandamus directing the opposite parties to treat the petitioner as continuing in service and to pay the arrear salary for the months of January, February and March, 1979 and subsistence allowance from 31. 3. 1979 to17.6.1979 and salary from 15.6.1979 to 29.2.1980.

(2.) THE petitioner was appointed as a peon in the Chitrotpala High School in the district of Cuttack, an aided recognised institution. He alleged that a part of his salary was not being paid every month though he was made to sign the acquittance roll for the full amount and he reported this fact to the Inspector of Schools as per Annexure -2. On 26. 3. 1979, he was directed by the Headmaster to meet the Secretary to settle the controversy. Nothing came out. By Annexurer -5 dated 31. 3. 1979 he was suspended and was served with the charge sheet as per Annexure -6 dated 24.4.1979. He submitted his explanation dated 1. 5. 1979 as per Annexure -7. On 18. 5. 1979, Annexure -8 was issued by the Secretary of the School directing suspension to continue for another month. As alleged by him, he submitted his joining report dated 18. 6. 1979 as per Annexure -11, But no action was taken. He reported the fact to the Inspector of Schools as per Annexure -10 on 31. 1. 1980. He moved this Court on 25. 2.1980 seeking the reliefs stated earlier.

(3.) IN the counter submitted by opposite party No. 1, it has been contended that Annexure -8 dated 18. 5. 1979 was the final order in the disciplinary proceeding imposing punishment of suspension for one month from the date of issue of the order. After expiry of the period of suspension, the petitioner had not reported for duty at any time.