M.Y.Eqbal, J. - (1.) Heard Mr. Tapen Sen, learned counsel for the petitioner, Mr. B.S. Lal, learned Additional Advocate General and Mr. A. Allam, learned counsel for the State of Bihar.
(2.) The petitioner has prayed for quashing the charge-sheet served on her and the notice dated 23.3.1998 issued to the Enquiry Officer for holding fresh enquiry, the second show cause notice dated 21.8.1998 and the final order of punishment dated 7.6.1999. Copies of these notices/letters have been annexed as Annexures 6, 9, 11 and 12 to the writ application.
(3.) The petitioner is the Principal of Indira Gandhi Valika School, Hazaribagh. In 1996 she was served with a charge-sheet making allegation against her regarding a residential quarter. The Enquiry Officer submitted his enquiry report on 14.7,1997, a copy of which has been annexed as Annexure 8 to the writ application. The Enquiry Officer, after considering the entire materials and evidences, has recorded a conclusive finding that not a single charge has been proved against the petitioner. On receipt of the said enquiry report, respondent No. 5. by letter dated 23.3.1998, asked the Enquiry Officer to hold a fresh inquiry and submit a fresh report. The Enquiry Officer, in reply to the said letter, informed the respondents that he has no jurisdiction to hold fresh inquiry and submit a fresh report. The respondent No. 5, then Issued a second show cause notice to the petitioner asking her to show cause as to why proposed punishment by way of dismissal from service be not imposed upon her. A copy of the said notice has been annexed as Annexure 11 to the writ application. The petitioner submitted her reply/show cause to the said notice and then final impugned order of punishment has been passed.;