IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 11851 of 2009 Jitendra Kumar Thakur @ Jitendra Thakur, son of Sri Akhileswar Thakur, Resident of Village + Post – Yasho, P S – Basopatti, District – Madhubani, Chairman of School Education Committee of Primary School, Yasho Kanaya - Petitioner Versus 1 The State of Bihar through the District Magistrate, Madhubani 2 The District Magistrate, Madhubani 3 The District Superintendent of Education, Madhubani 4 The Block Education Extension Officer, Basopatti, District – Madhubani 5 Mr Ram Binod Thakur, the Headmaster, Primary School, Yasho Kanaya, P O – Yasho, P S – Basopatti, District – Madhubani - Respondents ----------- 4 05.01.2010 The petitioner is the elected Chairman of the School Education Committee of Primary School, Yasho Kanaya Vidyalaya at village – Yasho, Basopatti, district – Madhubani. He has come to this Court with a grievance that he and other committee members are interested in preservation of school properties including land and for its development but due to mala fide attitude of the Headmaster of the said School, who is respondent No 5, not only landed property of the School is being diverted to other personal use but development work is also suffering. Respondent No 5 was noticed by this Court and notice was validly served but has chosen to abstain from proceedings before this Court. Petitioner submits that this is a tacit admission by the Headmaster of his misdeeds which have been alleged in this writ petition. Petitioner submits that funds have been sanctioned for construction of boundary wall of the school to preserve its property. Respondent No 5, the Headmaster, while getting the 2 boundary wall constructed, has left open a space and is trying to settle part of the land along the main road to a near relative of his who was the Ex Chairman of the Committee. That is the first grievance. The second grievance is that neither the earlier Chairman nor the present Headmaster is rendering accounts to the Committee and is keeping the Committee in dark only waiting for the Committee’s turn to expire so that accounts may not be scrutinized and/or verified. His third grievance is that having pointed out this misdeed to the District Superintendent of Education, the District Superintendent of Education passed orders for transfer of respondent No 5 to another school but respondent No 5 is refusing to obey such orders in breach of discipline. Petitioner submits that he has made representations in this regard to the Collector of the district but again nothing positive is being done. The result is the properties of the School are being wasted and the development work is suffering and the money received for years together by the School is being misutilised by the Headmaster. Inspite of adjournments, no counter affidavit has been filed by the State nor respondent No 5, the present Headmaster of the School has chosen to appear and contest the matter. In such a situation, I direct the District Magistrate –cum- Collector, Madhubani to immediately enquire into all these aspects and pass orders appropriate to the facts as found and communicate the same to the Committee. If it is found that certain lands of the 3 School are being wasted or diverted, he would ensure all steps are taken to protect the land including by constructing boundary wall thereon. He would direct the Headmaster to submit accounts of all funds received and disbursements made for previous six years for proper scrutiny and take action accordingly. If in fact District Superintendent of Education has passed orders for transfer of respondent No 5 then Collector would see that the transfer order is implemented failing which disciplinary proceedings be initiated against respondent No 5 after suspending him. All these actions Collector must take within a period of two months from the date of production of a copy of this order before him by the petitioner. With these observations and directions, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)