IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2414 of 2009 RAM PRASAD SINGH son of late Jang Bahadur Singh, resident of Vilalge Sulemanpur, P.S. Kako, District Jehanabad, presently posted as Principal Kendriya Vidyalaya, Danapur Cantt., Patna Versus 1. THE UNION OF INDIA through Secretary, Human Resources Department, Government of India, New Delhi 2. The Commissioner, Kendriya Vidyalaya Sangathan, Ministry of Human Resources Department, Government of India, New Delhi 3. The Joint Commissioner(Admn.), Kendriya Vidyalaya Sangathan, Headquarters, 18 Institutional Area, S.J.S. Marg, New Delh- 110016 4. Mr. S. Selvaraj,Assistant Commissioner- cum-Conducting Officer of the Departmental Inquiry, Kendriya Vidyalaya Sangathan, Regional Office, Lohiya Nagar, Kankarbagh, Patna 5. Mr. Somit Srivastava, Education Officer-cum-Presenting Officer of the Departmental Inquiry, Kendriya Vidyalaya Sangathan, Regional Office, Lohiya Nagar, Kankarbagh, Patna 6. The Vice Chairman, Kendriya Vidyalaya Sangathan, 18 Institutional Area, Shaheed Jeet Singh Marg, New Del;hi For the petitioner: Mr. Dinesh Kr. Singh, Sr. Adv. For the Union of India: Mr.Sudhir Singh Asstt. S.G. ----------- 2. 16.3.2009 This application has been filed for quashing the order dated 20th of January, 2009 passed by the Patna Bench of the Central Administrative Tribunal in O.A. Nos. 13 of 2 2009 and 14 of 2009. The petitioner is a Principal of Kendriya School posted at Danapur Cantonment. A departmental proceeding is pending against him. He earlier approached the Tribunal for change of the presenting Officer. The Tribunal acceded to his prayer and directed for change of the Presenting Officer. At that particular point of time, he did not make any request for change of the Enquiry Officer. Later on the petitioner filed another application inter alia praying for changing the Enquiry Officer. By the impugned order, the said prayer has been rejected and while doing so, the Tribunal has observed as follows: “ We also feel that the Enquiry Officer had filed the protest petition in his official capacity as Assistant Commissioner of K.VS and it does not automatically mean that the Enquiry Officer Shri Selvaraj is personally biased against the applicant While passing an order as Enquiry Officer he is supposed to apply his judicious mind and he may not be in reality a prejudiced person. Unless there is malice which is clearly noticeable, we cannot interfere with disciplinary proceedings. The applicant should, therefore, co-operate with the disciplinary authorities instead of being unnecessarily panicky filing one O.A. after another in rapid succession. After the out- come of disciplinary proceedings, if he is aggrieved in any way, he can always approach the court of law. Till then he should have 3 some patience.” Mr. Dinesh Kumar Singh, learned Senior Counsel appearing on behalf of the petitioner submits that the Enquiry Officer has filed the protest petition and, as such, he is biased and, therefore, his continuance as Enquiry Officer shall be prejudicial to the interest of the petitioner. He points out that the Enquiry Officer who has lodged the protest petition cannot be a Judge of his own cause. The Tribunal has considered those submissions and found that in the earlier application the petitioner made request for change of the Presenting Officer but did not make any grievance in regard to the Enquiry Officer. The Tribunal has further observed that the Enquiry Officer had filed the protest petition in his official capacity and from that it can not be inferred that he shall be prejudiced. We are of the opinion that consideration of the matter by the Tribunal does not suffer from any error calling for interference by this Court in the present writ application. We gather an impression 4 that the petitioner intends prolonging the disciplinary proceedings. In the facts and circumstances of the case, we direct the disciplinary authority to conclude the disciplinary proceedings within three months from the date of receipt/production of a copy of this order. The writ applications stands dismissed with the direction aforesaid. Kanth ( C.K.Prasad, A.C.J.) ( Dharnidhar Jha, J.)