Shree Chandrashekhar, J. - (1.) Initially, this writ petition was filed challenging the order of suspension dated 04.12.2013 and the consequent order dated 06.12.2013, whereby a departmental proceeding was ordered against the petitioner. During pendency of the writ petition, the petitioner suffered penalty order dated 09.06.2014, which was challenged by filing I.A. No.3428 of 2014. The application for amendment to challenge order dated 09.06.2014 was allowed by this Court on 17.07.2014, whereafter the petitioner has filed an amended writ petition.
(2.) At the outset, the learned counsel for the petitioner submits that since the petitioner has suffered penalty order dated 09.06.2014, he would not be pressing challenge to order dated 06.12.2013 by which a departmental proceeding was initiated against him.
(3.) Briefly stated, the petitioner while posted as Headmaster at Middle School, Pochara, Latehar, by an order dated 04.05.2013 was placed under suspension. The petitioner submitted his explanation to the chargememo in Prapatra'K' which was served upon him on the same day. Simultaneously, he approached the Commissioner, Palamau Division, Daltonganj which was registered as Case No.02 of 2013. By an order dated 28.06.2013 the suspension order dated 04.05.2013 was setaside by the Commissioner and the petitioner was permitted to join his post. This order was communicated to the District Superintendent of Education, Latehar, however, when he was not permitted to join his post, the petitioner submitted a representation to the Deputy Commissioner on 22.07.2013. This application was forwarded to the District Superintendent of Education, Latehar for taking appropriate decision. In the meantime, on 07.08.2013 the petitioner was transferred from Middle School, Pochara to Chatakpur by an order passed by the District Superintendent of Education. When this order was brought to the notice of the Deputy Commissioner by the petitioner on 09.08.2013, a showcause was issued to the District Superintendent of Education by the Deputy Commissioner on 16.08.2013, and by an order dated 18.08.2013 the District Superintendent of Education was directed to comply with order dated 28.06.2013 and file compliance report. The Deputy Commissioner, by an order dated 23.08.2013 found the order of transfer dated 07.08.2013 illegal and thereafter, the petitioner was permitted to join his post as Headmaster at Middle School, Pochara. After the order dated 28.06.2013 was recalled by the Commissioner, Palamau Division by an order dated 25.10.2013, the District Superintendent of Education asked the petitioner to comply with order dated 07.08.2013. Compelled, the petitioner approached the authorities on 20.11.2013 for recall of the said order, however, the petitioner was again placed under suspension by an order dated 04.12.2013 and a departmental proceeding was ordered against him on 06.12.2013. It is pleaded that a showcause notice was issued to the petitioner on 13.05.2014 to which he replied on 20.05.2014. The District Superintendent of Education, Latehar has passed the penalty of reduction of three increments with cumulative effect by the impugned order dated 09.06.2014.;