IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4729 of 2009 RAM NARESH RAM Versus THE STATE OF BIHAR & ORS ----------- 2/ 16/04/2009 Heard learned counsel for the petitioner and learned counsel for the State of Bihar. The petitioner was authorized to act as A Head Teacher by an order dated 18.10.2008. On 15.12.2008 one Kamlesh Sharma was directed to act as the Head Teacher. The petitioner was told to hand over charge on 29.12.2008. He represented against the same. On 19.2.2009 the District Superintendent of Education authorized the petitioner to continue as the Head Teacher. On 14.3.2009 he has been suspended on charges of not handing over charge of the post of Head Teacher by the District Superintendent of Education. Learned counsel for the petitioner submits that the order of suspension does not consider the earlier order dated 19.2.2009 and does not even state that it has been recalled. This Court, in the facts and circumstances, is satisfied that the writ application can be disposed by setting aside the impugned order dated 14.3.2009 with a direction to the respondent No.6 to take a fresh decision 2 on the issue of suspension by reconciling his own order dated 19.2.2009 i.e. with his subsequent order dated 14.3.2009. It needs to be additionally noticed here that the submission on behalf of the State was that the suspension was in pursuance of non-compliance with the earlier order dated 29.12.2008 asking the petitioner to hand over charge. That still leaves the order dated 19.2.2009 in favour of the petitioner. The order dated 14.3.2009 is set aside. The writ application is allowed without prejudice to the rights of the respondents, as noticed above. KC (Navin Sinha, J.)