R.K.MERATHIA, J. - (1.) IN this writ petition, petitioner prayed for a direction to release his retiral dues and for quashing his punishment order dated 24.6.1999 (Annexure -8).
(2.) PETITIONER was posted at Harijan Middle School, Jojobera, Jamshedpur since 25.4.1983. He became Head Master. After about 13 years, he was transferred to Middle School. Musabani, Jamshedpur by order 28.2.1996/4.3.1996. He was relieved on 19.3.1996 and the other Head Master Sri Hem Chandra Jha was posted at his post. He challenged his transfer order vide CWJC No. 990 of 1996 (R) which was disposed of with liberty to file representation. His representation was rejected. He again filed writ petition, being CWJC No. 3256 of 1996 (R) challenging the rejection of his representation. On 17.12.1996, an interim order of stay of transfer was passed. Pursuant to the said interim order, an order dated 14.2.1997 was issued by the Department. The said writ petition was dismissed on 10.3.1997 and, accordingly, on 22.4.1997 petitioner was ordered to join his transferred post. Petitioner filed appeal (L.P.A. No. 213 of 1997 (R) against the dismissal of his writ petition which he withdrew on 5.5.1997 unconditionally. Even then he challenged the said consequential order dated 22.4.1997 issued pursuant to dismissal of his writ petition vide CWJC No. 1680 of 1997 (R), which was also dismissed on 8.7.1998, holding that the petitioner cannot be allowed to agitate the same matter again and again and that he did all this at his own risk, as before the withdrawal of the said L.P.A, the order dated 22.4.1997 was already issued directing him to join pursuant to the dismissal of his earlier writ petition. It may be noted here that the petitioner, in this writ petition has suppressed about the filing and the order passed in CWJC No. 1680 of 1997 (R), dated 8.7.1998 which is annexed by the respondents as Annexure -E to the counter -affidavit. Petitioner was suspended on 6th October, 1997. The following charges of indiscipline and insubordination were served on him on 31.12.1998 : Petitioner was relieved on 19.3.1996, but he did not had over the charge to the Head Master, who joined on his post. Pursuant to the interim order of stay, petitioner was also posted in February, 1997, but he drew salary etc., with effect from March, 1996 without any authority, and thereby, committed financial irregularity to the tune of Rs. 2,68,239/ -. Petitioner did not hand over charge and kept records of the School with him, though he was relieved on 19.3.1996 and other Head Master was posted at his post. Even after he was relieved, again on 25.5.1997, (after dismissal of his writ petition) he did not hand over the charge fully, keeping with him the Cash Book, Bill, Salary Payment Register etc. Moreover, he did not accept the letters addressed to him. Petitioner replied to the said charges on 19.1.1999. An enquiry report was submitted on 20.1.1999. Petitioner retired on 31.1.1999. In the meeting of the District Education Establishment Committee held on 8.6.1999, the said enquiry report was accepted and the following order of punishment was passed : (a) The period from 20,3.1996 to 17.12.1996 not to be treated on duty. (b) From 18.12.1996 to 22.4.1997, he was treated on duty in the Middle School, Jojobera, Jamshedpur. (c) From 23.4.1997 to 5.10.1997, he was treated not on duty; and (d) From 6.10.1997 till is date of retirement i.e. 31.1.1999 is the suspension period. It was ordered that during the suspension period, nothing will be paid except the subsistence allowance; the salary will be paid withholding two annual increments; for the period of work, payment order will be released by the Middle School, Musabani and the excess amount drawn by petitioner will be adjusted from the final payment.
(3.) IT may be noted that in paragraph -13 of the counter -affidavit, it is explained that the punishment order is dated 24.6.1999 and not on 24.4.1999 which was a mistake in the duplicate copy of the order.;