B. D. Singh, J. - (1.) This application by Ramdhyan Singh, Headmaster of Rani Brajraj High School, Rafiganj, in the district of Aurangabad, under Articles 266 and 227 of the Constitution of India, is directed against an order dated 20-8-75 (Annexure 10 to the supplementary affidavit, filed on 11-9-75) passed by the Chairman, District Control Committee (respondent No. 6) in a resolution, suspending the petitioner and ordering the Sub Divisional Education Officer (respondent No. 5) to start departmental proceeding against him, and, therefore, the petitioner has prayed for quashing of Annexure 10 and restraining the respondents from acting in pursuance of the said direction.
(2.) In order to appreciate the points involved in this application it will be necessary to state briefly the facts, as stated by the petitioner in his application and by respondents 1, 2, 4 to 6 in the counter affidavit filed on 23-12-75.
(3.) The petitioner has stated in his application that he is the Headmaster of the Rani Brajarj High School, Rafiganj, (hereinafter referred to as 'the said school'). On 1st July, 1974, the petitioner issued a notice (Annexure 1) calling for a condolence meeting to mourn the death of Dr. Murli Manohar, an ex-old member of the Managing Committee of the school in the premises of the school at 8 A.M. on that date. Accordingly, the said condolence meeting was held under the presidentship of Shri Bindeshwar Prasad Singh, Block Education Extension Officer, Rafiganj, a member of the present managing committee in which the persons present paid tributes to the departed soul. On 1-7-74, the Anchal Adhikari, Rafiganj, on the basis of a wrong information given to him by someone, sent a wireless message (Annexure 2) to the following effect:- "It has been confidentially learnt today at 8 A M. Headmaster Shree Ram Dhyan Singh called on a condolence meeting over death of Dr. Sree Murli Manohar. He invited men from all walker of local people. In meeting advanced resolution for debate on dissolution of assembly and create party less democracy. This was objected from certain circle. It, however, could not be materialised. Situation so far is peaceful. Detailed report will follow Meeting was held in R.B.R. High School, Rafiganj." In pursuance of the aforesaid wireless message an enquiry was held and in course of which the petitioner was also asked to give his statements in writing, and, accordingly, he gave his explanation in writing to the Magistrate, who came to enquire into the matter, (vide Annexure 3). In the meantime, one Mr. Balik Ram, M.L.A. asked an assembly question in respect of the matter relating to the meeting referred to above. Thereupon, the Education Department directed the Secretary of the Bihar Secondary Education Board (hereinafter referred to as 'the Board') Board to collect the relevant materials so that the answer of the question could be prepared. Accordingly, the Secretary by his letter dated 6-3-75 directed the District Education Officer, Gaya, to supply necessary facts so that he could transmit the materials to the Government for necessary action. In pursuance of the aforesaid direction, the District Education Officer held an enquiry and directed the petitioner and other teachers of the school to submit their statements as to whether any meeting to mourn the death of said Dr. Murli Manohar had been arranged on 1st July, 1974, in the premises of the school in which a debate had been allowed to discuss the matter relating to the dissolution of the Bihar Assembly. The petitioner along with other teachers of the school submitted their explanations (Annexures 4 to 4/5) in writing strongly refuting that the meeting held on 1st July, 1974, had any other transaction than to mourn the death of Dr. Murli Manohar and the fact that in that meeting a political discussion on the matter relating to the dissolution of the Bihar Assembly had taken place, is absolutely false and without any basis. The District Education Officer, (Respondent No. 4) by her letter dated 13th March, 1975 (Annexure 5) submitted a report to the Secretary of the Board in reply to the question of the said M.L.A in which she stated that it was a fact that on 1st July, 1974, the Headmaster of the school had called for a meeting to mourn the death of Dr. Murli Manohar in which he had expressed his opinion on the student's agitation and dissolution of the Bihar Assembly. She further stated that a report had also been submitted to the Director, Secondary Education, Bihar, Patna, and on receipt of an order from his necessary action would be taken against the Headmaster.;