IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15554 of 2010 ================================================ 1. Zila Prathmik Shikshak Sangha, Regd. Office at Ambika Nagar, Motihari, East Champaran through its Patron Deonath Singh, S/o Late Kamla Singh of Village – Bairiya, P.S. Kesariya, District – East Champaran and 2. Deonath Singh, S/o Late Kamla Singh of Village – Bairiya, P.S. Kesariya, District - East Champaran, Patron Zila Prathmik Shikshak Sangha, Regd. Office at Ambika Nagar, Motihari, East Champaran ……………………….……………………………..…… Petitioners Versus 1. The State of Bihar, 2. The Principal Secretary, Human Resource Development Department (Primary Education), New Secretariat, Patna, 3. The Director, Human Resource Development Department (Primary Education), New Secretariat, Patna, 4. The District Magistrate, East Champaran, Motihari, 5. Shri Anil Kumar, District Superintendent of Education, East Champaran, Motihari, 6. The Principal Secretary, Department of Vigilance, Bihar, Patna ……………………………………………………... Respondents. ================================================ Appearance: For the petitioners: Mr Yogesh Chandra Verma, Mr Ansul and Mr Ashok Kr Kashyap, Advocates. For the respondents: Mr Lalit Kishore, AAG III and Mr R.K. Priyadarshi, AC to AAG III. =============================================== CORAM: HONOURABLE THE CHIEF JUSTICE AND HONOURABLE MR JUSTICE JYOTI SARAN ORAL ORDER (Per : HONOURABLE THE CHIEF JUSTICE) 2. 20.09.2010. Heard the learned Advocates. The petitioners, the District Level Association of 2 Primary Teachers, District - East Champaran and another, have filed this petition in Public Interest to seek direction to the respondent authorities to enquire about the conduct of the respondent no. 5, the District Superintendent of Education. It is the complaint of the petitioners that the respondent no. 5, the District Superintendent of Education has committed grave irregularities in respect of appointment of Primary Teachers and other matters for which several complaints have been made against him. The petitioners have also sought suspension of the respondent no. 5 from service. In answer to the Writ Petition, the respondent- State Government has filed counter affidavit indicating that the State Government has already put its machinery in motion. It has issued instruction to the Additional Director General, Vigilance to enquire into the allegations made against the respondent no. 5. In view of the instruction to the Additional Director General, Vigilance issued on 09.08.2010, the grievance made by the petitioners stands substantially redressed. As to the suspension of the respondent no. 5 from service is concerned, we cannot direct the State Government to suspend him from service without any material before us. It is for the State Government to consider whether there is prima facie material against the respondent no. 5 to suspend him from service pending investigation. The matter has to be left to the good sense of the State Government. We may, however, observe that the 3 Additional Director General, Vigilance will complete the enquiry against the respondent no. 5 as expeditiously as possible preferably within three months from today. In case the Vigilance Department does not complete the enquiry within reasonable time or the State Government does not take action in respect of the enquiry report, the petitioners shall have liberty to revive this petition. Subject to the above direction and the observations, the petition is disposed of. Let copy of this order be supplied to the learned Advocates for the parties. Dilip ( R.M. Doshit, CJ ) ( Jyoti Saran, J )