RAMDHYAN SINGH Vs. THE STATE OF BIHAR AND ORS

JUDGEMENT

(1.) This application by Ramdhyan Singh, Headmaster of Rani Brajraj High School, Rafiganj, in the district of Aurangabad, under Articles 266 and 227 of the Constitution of India, is directed against an order dated 20-8-75 (Annexure 10 to the supplementary affidavit, filed on 11-9-75) passed by the Chairman, District Control Committee (respondent No. 6) in a resolution, suspending the petitioner and ordering the Sub Divisional Education Officer (respondent No. 5) to start departmental proceeding against him, and, therefore, the petitioner has prayed for quashing of Annexure 10 and restraining the respondents from acting in pursuance of the said direction.

(2.) In order to appreciate the points involved in this application it will be necessary to state briefly the facts, as stated by the petitioner in his application and by respondents 1, 2, 4 to 6 in the counter affidavit filed on 23-12-75.

(3.) The petitioner has stated in his application that he is the Headmaster of the Rani Brajarj High School, Rafiganj, (hereinafter referred to as 'the said school'). On 1st July, 1974, the petitioner issued a notice (Annexure 1) calling for a condolence meeting to mourn the death of Dr. Murli Manohar, an ex-old member of the Managing Committee of the school in the premises of the school at 8 A.M. on that date. Accordingly, the said condolence meeting was held under the presidentship of Shri Bindeshwar Prasad Singh, Block Education Extension Officer, Rafiganj, a member of the present managing committee in which the persons present paid tributes to the departed soul. On 1-7-74, the Anchal Adhikari, Rafiganj, on the basis of a wrong information given to him by someone, sent a wireless message (Annexure 2) to the following effect:-