- (1.) In the accompanied writ application, the petitioner has inter alia, prayed for quashing office order dated 25.02.2012, passed by the District Superintendent of Education-cum-Sub-Divisional Educational Officer, Koderma, whereby two departmental proceeding initiated against the petitioner has been amalgamated and the petitioner has been put under suspension till the criminal cases are decided; and for quashing order dated 31.10.2013 whereby three major punishments; (i) compulsory retirement (ii) 10% pension has been reduced and (iii) petitioner shall not be entitled for any salary for suspension period except subsistence allowance, has been inflicted upon the petitioner.
(2.) Sans details, the facts as disclosed in the writ petition, in brief, is that the petitioner was appointed as an Assistant Teacher, Middle School, Mirganj on 23.05.1987. Thereafter, the petitioner continued to discharge his duties to the utmost satisfaction of the authorities concerned and till 2010 no departmental proceeding was initiated against the petitioner. But due to some family dispute and inimical terms with some people, few criminal cases were lodged against him, which were mainly related with sale of lands, for which, the petitioner was taken into custody and as such he was put under suspension by office order dated 12.03.2007, but, later on, on his release on bail, his suspension was revoked vide order dated 17.12.2007. Subsequently, for two more cases, the petitioner was taken into custody and again he was put under suspension vide office order dated 30.03.2009, but, again on his release on bail, his suspension was revoked vide office order dated 08.06.2009. Thereafter, the petitioner started to discharge his duties as In-charge Headmaster. But to the utter misfortune, the petitioner was put under suspension by way of punishment vide order dated 24.06.2010 in contemplation of a departmental proceeding. Thereafter, the petitioner was slapped with a charge-sheet as contained in Memo dated 17.07.2010, whereby four charges were levelled against the petitioner. Being aggrieved, the petitioner moved before this Hon'ble Court by way of filing W.P. (S) No. 3531 of 2010, which was withdrawn since the departmental proceeding was on the verge of completion. Thereafter, the Block Education Extension Officer, Jai Nagar, after enquiry of the said charges, submitted his enquiry report on 04.09.2010, whereby the petitioner was exonerated of all the four charges.
(3.) But, again after one year, another charge-sheet was served upon the petitioner vide memo no. 31.12.2010 alleging that six criminal cases are pending against the petitioner. In response thereof, the petitioner filed show-cause on 21.1.2011 denying the charges levelled against him. But when the departmental proceeding was kept pending for an indefinite period and no decision was taken on the enquiry report dated 04.09.2010, the petitioner again knocked the door of this Court by filing W.P. (S) No. 6235 of 2011, which was disposed of vide order 02.01.2012 with a direction to the disciplinary authority to pass final order within eight weeks, so far as first departmental proceeding is concerned, from the date of production of copy of the order and so far second proceeding is concerned, the same be expedited and concluded within a reasonable period. Since no final order was passed within the stipulated period, the petitioner filed Cont. Case (C) No. 323 of 2012 bringing on record the minutes of the meeting dated 18.02.2012 and office order dated 25.02.2012 passed by respondent no.3, which was dropped with a liberty to challenge office order dated 25.02.2012.;