- (1.) THE petitioner has filed the present writ petition seeking quashing of punishment order dated 7.3.2003 passed by the Regional Deputy Director of Education, Dumka, whereby besides warning, three annual increments were stopped with cumulative effect and it was ordered that the petitioner shall not get anything except subsistence allowance for the period of suspension as well as appellate order dated 23.8.2004, whereby the appeal filed by the petitioner against the punishment order dated 7.3.2003 was rejected.
(2.) The brief facts of the case arc that, the petitioner at the relevant time was posted as Head Master in -charge, Government Basic School, Dhanbai (Saraiyahat) and he was suspended on 24.7.2002. A departmental proceeding was initiated by Memo No. 875 dated 21.9.2002 and draft charge was communicated to the petitioner. By letter dated 13.12.2002, the petitioner was directed to appear before the Enquiry Officer on 19.12.2002 and accordingly, the petitioner appeared before the Enquiry Officer on 20th December, 2002. The charges framed against the petitioner and his replies are as under: (i) Charge No. 1: -Non -compliance of transfer order. The reply was that all teachers were asked to give three options for transfer and all except the petitioner were given their place of option. The petitioner, filed representation for giving a place of option in view of his approaching date of superannuation. The petitioner was given a place of option after about 10 months but by the time his salary remained held up for eight months and when he prayed for payment of salary he was placed under suspension. His salary for 16 months and subsistence allowances for 5 months were kept held up and he was coerced to join his place of transfer. (ii) Charge No. 2: - Two teachers of the school where the petitioner was working were not allowed to take classes. The reply was that the aforesaid two teachers were absent for six months and although the matter was reported, no action was taken. This can be verified from the pramukh of the Block. (iii) Charge No. 3: - Other teachers of the school were not allowed to mark attendance and teaching was hampered. The reply was that since the teachers used to be absent the question of taking class by them was out of context. (iv) Charge No. 4: - Not handing over charge of the school and thereby hampering the work of the school. The reply was that due to the arbitrary action of the Regional Deputy Director of Education, Dumka and Deputy Director of Education, Dumka and District Education Officer, Dumka in not releasing the salary of the petitioner and subsistence allowance for more than a year in spite of the direction of the Honble Court and forcing the petitioner to incur loan from local traders, his life was in danger of being assaulted in the locality where the school was located that this situation was created and for which the petitioner is not at fault.
(3.) On conclusion of enquiry, a report was submitted on 7.2.2003, holding the charges proved against the petitioner and the enquiry report was supplied to the petitioner on 15.2.2003. The petitioner filed his second show -cause reply on 26.2.2003. The Disciplinary Authority passed the order of penalty dated 7.3.2003, whereby an order of (a) with -holding of stoppage of three annual increments with cumulative effect, (b) warning to the petitioner to be careful in future, and (c) entitlement for only subsistence allowance to the petitioner for the period of suspension, was passed. The petitioner preferred an appeal (Annexure8), which was dismissed vide order dated 23.8.2004. In the meantime, the petitioner approached this Court in W.P. (5) No. 4936 of 2003, which was dismissed with direction to the. Director, Primary Education, Jharkhand, Ranchi to dispose of the appeal of the petitioner within a period of two months and thereafter, a Contempt Case bearing Cont. (C) No. 499 of 2004 was also filed and in the proceeding of the said Contempt Case the appellate order dated 23.8.2004 was supplied to the petitioner. In the proceeding before the High Court an order was passed for payment of legal dues amounting to Rs. 1.72.885.00/ - to the petitioner. In the aforesaid facts, the petitioner has approached this Court by filing writ petition challenging the order of Disciplinary Authority as well as Appellate Authority.;