Oral order disposing of a writ petition challenging a departmental suspension. The High Court held that allegations in the suspension order are preliminary; merits must be decided in the departmental proceeding. Writ application disposed with costs implications.
Writ application stands disposed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11670 of 2012
====================================================== 1. Manoj Kumar Son Of Late Chheddi Prasad Kesari Of Village Ratan Gogri Jamalpurr, Post - Ratan P.S. Gogri Jamalpur, District Khagaria, At Present Manoj Kumar, Teacher In Utkarmit Middle School Nagdeva Anchal Barhatt, District - Jamui
.... .... Petitioner/s Versus 1. The State Of Bihar 2. Director Education ( Primary ) Bihar Govt. Patna, Bailey Road, New Secretariat, Patna 3. District Magistrate Jamui 4. District Education Officer Jamui
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Binoy Kumar Sinha-1 For the Respondent/s : Mr. Ravindra Kr Choubey Sc8 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 3 03-08-2012 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 28.4.2012 passed in contemplation of a departmental proceeding. Learned counsel for the petitioner submits that he is being unnecessarily harassed. The order of suspension is totally unjustified on merits. He has not violated any instructions or obstructed Government work in construction of the school.
The grounds mentioned in the order of
Patna High Court CWJC No.11670 of 2012 (3) dt.03-08-2012
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suspension certainly constitute good grounds for an order of suspension and which cannot be judicially reviewed at this stage. This cannot be understood to meet that the allegations against the petitioner meets the approval of the Court. The allegations are to be contained in the memo of charge and proved in accordance with law in the departmental proceeding. The submission on behalf of the petitioner on merits of the grounds for suspension is required to be decided as his defence in the departmental proceeding itself.
The writ application stands disposed.
P. Kumar/- (Navin Sinha, J)
3 issues framed by the court
Whether an order of suspension under departmental proceedings affecting a teacher is amenable to judicial review in a writ application.
Whether allegations forming grounds for suspension in a departmental proceeding can be adjudicated in a pre-trial writ petition.
Whether the petitioner must wait for the outcome of the departmental proceeding before challenging the suspension.
Manoj Kumar Son Of Late Chheddi Prasad Kesari
The State Of Bihar
Director Education ( Primary ) Bihar Govt. Patna
District Magistrate Jamui
District Education Officer Jamui
District Programme Officer (Establishment Education)
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
