IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 6157 of 2009 RABINDRA KUMAR SINHA, SON OF KEDAR PRASAD, RESIDENT OF MOHALLA – SHEOPURI, RAMCHANDRAPUR, POLICE STATION – LAHERI, DISTRICT – NALANDA, BIHARSHARIF, PRESENTLY POSTED AS HEADMASTER ADARSH MIDDLE SCHOOL, BIHARSHARIF, NALANDA, BIHAR …………………… PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH SECRETARY, DEPARTMENT OF HUMAN RESOURCES AND DEVELOPMENT, PATNA, BIHAR 2. THE SPECIAL SECRETARY CUM DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 3. THE DEPUTY REGIONAL DIRECTOR OF EDUCATION, PATNA DIVISION, PATNA 4. THE COLLECTOR, DISTRICT – NALANDA 5. THE DISTRICT EDUCATION OFFICER, NALANDA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA ………………… RESPONDENTS ----------- For the Petitioner: Mr. Ashutosh Kumar Singh, Advocate For the State: Mr. Sunil Kumar Mandal, SC-24 ********** 03. 23.08.2011 Heard learned Counsel for the petitioner and the State. Initially, this Writ Application had been filed by the petitioner for quashing of an order, dated 03.03.2009, contained in Memo No. 727, issued by the District Superintendent of Education, Nalanda, whereby the payment of salary to the petitioner in the pay-scale of Post Graduate trained Headmaster was provisionally cancelled and he was directed to receive his salary in the Matric Trained Scale. This order was passed simply for the reason that the petitioner did not submit his educational certificates, testimonials etc. for verification 2 before the Regional Deputy Director of Education, Patna Division, despite notice being issued for the same. Another prayer was for quashing of order, contained in letter no. 944, dated 18.03.2009, issued by District Superintendent of Education, Nalanda, whereby the petitioner again has been asked to submit all his documents for verification or otherwise a suspension order will be issued against him. These two orders were challenged by the petitioner on the ground that he is being harassed by the authorities, asking for submission of documents repeatedly. On several occasions, petitioner’s certificates, testimonials and the documents relating to the educational qualification, have already been verified, and found to be genuine. Only after verification of his educational certificates, he was given promotion and his salary was fixed in the Headmaster’s Scale. Now, repeatedly, for some purpose, documents are being demanded repeatedly, for verification only for malicious reasons. During the pendency of the Writ Application, petitioner was put under suspension and a Departmental Proceeding was initiated against him vide order contained in Memo No. 2808, dated 11.06.2010. 3 Through Supplementary Affidavit, petitioner has brought all these facts to the notice of the Court that Departmental Proceeding, so initiated against him, has completed, but final order is not being passed by the Respondents for the reason that a parallel enquiry is being conducted in the Directorate of Education. Petitioner’s suspension has been revoked, but so far final decision in the Departmental Proceeding is concerned, that has been kept pending in view of the proceeding in the Directorate of Education. Petitioner’s counsel further submits that before initiation of the Departmental Proceeding, he was awarded punishment, as payment of salary in the Headmaster’s Scale was reduced in the scale of Matric Trained Teacher, though there was no reason for holding that the promotion given to the petitioner was based on some forged document. I find that the Respondent, Disciplinary Authority, in stead of awaiting for the report relating to enquiry, being conducted at the Directorate level, must pass a final order, on the basis of the Departmental Proceeding. Petitioner has faced the Departmental Proceeding, without awaiting the Directorate’s report. The Respondent Authorities must pass an independent order in the Departmental Proceeding without awaiting 4 general enquiry report. An independent final order on conclusion of Departmental enquiry is necessary, in order to give the delinquent employee an opportunity to file an appeal before a superior forum. In case the enquiry report of the Directorate, if intermingled with the final order in the Departmental Proceeding, petitioner will not have any forum, before whom he can file his appeal, in case any adverse order is passed against the petitioner in the Departmental Proceeding. This will cause serious prejudice to the petitioner. In view of the aforesaid facts and circumstances, Respondent-Disciplinary Authority is directed to pass final order, on conclusion of Departmental Proceeding. Order must be passed, preferably within four weeks, from the date of production / communication of this Order. This Application is allowed. SKM (Mridula Mishra, J.)