- (1.) PETITION at Flag 'L' (LA, No. 534 of 2005) has been filed for condoning the delay of five days in filing the instant appeal.
(2.) HAVING heard the counsel for the parties and being satisfied with the grounds shown therein, the delay of five days in filing the instant appeal is condoned, LA. No. 534 of 2005 is disposed of. L.P.A. No. 679 of 2005 The appellant was posted at Harizen Middle School, Jojobera, Jamshedpur. He was transferred after about 13 years to Middle School, Musabani, Jam -shedpur by an order dated 28th February 1995/4th March, 1996. He was relieved on 19th March, 1996 and another headmaster was posted in his place. Against said order of transfer the appellant preferred a writ petition. CWJC No. 990 of 1996(R), which was disposed of with liberty to appellant to prefer a representation. The representation preferred by appellant was also dismissed against which he preferred another writ petition, CWJC No. 3256 of 1996 (R). In the said case an interim order was passed on 17th December, 1996, in pursuance of consequential order was also issued by the department. The said writ petition was subsequently dismissed on 10th March, 1997 and order of stay was vacated. The appellant thereafter preferred an appeal, L.P.A. No. 213 of 1997 (R). In the meantime he was asked to join his transferred post at Musabani Middle School, but he did not choose to join in terms with the transfer order and ultimately the said appeal was withdrawn by the appellant unconditionally. Instead of joining the transferred School, the appellant filed another writ petition CWJC No. 1680 of 1997(R), which was also dismissed on 8th July, 1998. In the meantime the appellant having not joined the transferred post he was suspended on 6th October, 1997 and proceeded departmentally for the charges of indiscipline and insubordination. It was also alleged that he committed financial irregularity to the tune of Rs. 2,68,239/ - and for that he did not hand over the charge to his successor. The enquiry officer after notice and hearing held the appellant guilty by his report dated 20th January, 1999, but as the appellant was to retire from service with effect from 31st January, 1999, the Disciplinary authority with a lenient view passed the following orders: (A) The period from 20th March, 1996 to 17th December, 1996 shall not be treated on duty. (B) The period from 18th December, 1996 to 22nd April, 1997 to be treated as on duty in the Middle School, Jojobera, Jamshedpur. (C) The period from 23rd April, 1997 to 5th October, 1997, the appellant was absent without any leave will not be treated on duty, and (D) The period from 6th October, 1997 till the date of his retirement i.e.31st January, 1999 will be treated as the period under suspension.
(3.) THE learned Single Judge having noticed the aforesaid facts refused to grant any relief to the appellant -writ petitioner. We also find no ground made out to interfere with the impugned judgment dated 15th September, 2005 passed by the learned Single Judge in CWJC No. 2352 of 1999(R). There being no merit, the appeal is dismissed. Appeal dismissed.;