IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3730 of 2009 MD. TARAQUE PERWEZ. Versus MD. NASIMUDDIN & ORS. . ----------- 06/ 18.01.2010 This application has been filed on behalf of Md. Taraque Perwez, previous Headmaster of School in question. Md. Taraque Perwez had not been impleaded as party in the writ application. However, in Annexure-16 of the writ application there is a reference of Md. Taraque Perwez in the letter submitted by one of the teachers of the school, namely, Janak Kishore Singh before the Superintendent of Police, Munger. In this letter it is mentioned that Taraque Perwez has taken away connected records of the school, for which a case has been instituted against him for defalcation of Rs. 15 lakhs and a departmental proceeding is pending against him. Considering Annexure -16 in order dated 27.10.2009 these facts have been mentioned. Md. Taraque Perwez in his petition has stated that the facts, which has been recorded in the order against him in his absence are factually not correct and that should be deleted from the order. It is stated by the counsel representing Md. Taraque - 2 - Perwez that no departmental proceeding is pending against him relating to defalcation of government money from the school fund. He is not under suspension. As such, the facts stated in the order will go against him and it must be deleted. Counsel for the petitioner has not appeared. Counsel for the State is present. Considering these facts, the order dated 27.10.2009 passed in C.W.J.C. No. 11044 of 2009 at page 2, 1st line till the 13th line „enquiry has been initiated‟ is deleted from the order. The part of the order “On perusal of the documents annexed with the writ petition, it transpires that against the previous Headmaster of the concerned School, namely, Md. Tarak Parwej a departmental proceeding is pending relating to defalcation of Rs.11,00,000/- from the School fund and he is under suspension and petitioner no. 1 has been made Incharge Headmaster of that School. The departmental enquiry is not proceeding further, as all relevant documents had been taken away by the previous Headmaster, against whom departmental enquiry has been initiated” is - 3 - deleted from the order. It will not be part of the order dated 27.10.2009 This application is allowed. DKS/ (Mridula Mishra, J.)