IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8128 of 2009 MD.SHAHNAWAZ AKHTAR, SON OF LATE MAKSUD AKHTAR, RESIDENT OF ALI NAGAR, P.S. CHANDAUTI, DISTRICT- GAYA ………. ……………………. ... PETITIONER. Versus 1. THE STATE OF BIHAR, through the Principal Secretary , Human Resources Development Department, Bihar, Patna. 2. Director, Primary Human Resources Development Department, Bihar, Patna. 3. Regional Deputy Director of Education, Magadh Division, Gaya. 4. District Magistrate, Gaya. 5. District Superintendent of Education, Gaya. 6. Area Education Officer, Sadar, Gaya …………… ………………. Respondents. ----------- 2. 23.07.2009 Heard learned counsel for the petitioner and the counsel appearing for the state. 2. Petitioner is working as teacher in the Primary School. His grievance is that the District Superintendent of Education, Gaya has passed an order contained in Memo No. 100 dated 11.05.2009 whereby he has been relieved to give joining in his original school on account of revocation of his suspension, completely ignoring the order of transfer passed in favour of the petitioner by the District Superintendent of Education, Gaya himself, considering the resolution dated 25.01.2008 of the committee constituted for transfer of teachers. A letter was issued from the office of District Superintendent of Education, Gaya whereby petitioner has been transferred from Primary School Diha Paraiya, Gaya to Urdu Primary School, Aabgila, Gaya. 3. Petitioner was appointed as teacher in the Middle 2 School in the year, 1985. A complaint petition was filed by his wife relating to offence u/S 498A and other sections of the Indian Penal Code. In connection with this complaint case, the petitioner was taken into custody. On account of remaining in custody, the petitioner was put under suspension by the District Superintendent of Education, vide letter dated 19.8.2005. A departmental proceeding was also initiated against the petitioner for not disclosing before the competent authority regarding institution of Criminal Case and his arrest in connection with this case. 4. Petitioner has prayed for a direction to District Superintendent of Education, Gaya to allow him to give joining at Urdu Primary School, Aabgila, Gaya and to quash order contained in Memo No. 100 dated 11.05.2009 whereby petitioner has been allowed to give joining at Primary School, Diha, Paraiya. 5. No doubt, petitioner was transferred from Primary School, Paraiya to Urdu Primary School Aabgila, in the light of recommendation of Transfer Committee. There is all possibility that the post earlier held by petitioner at his original school would have been filled up by the new transferee. The District Superintendent of Education, Gaya had no reason to direct the petitioner to give joining at his original school instead of his transferred place. 6. Accordingly, the District Superintendent of 3 Education, Gaya is directed to dispose of petitioner’s representation. Since suspension of the petitioner has already been revoked, he should be allowed to give joining at the transferred place. On account revocation of suspension, petitioner is entitled for payment of his salary, which is withheld simply because a departmental proceeding is pending against him. The District Superintendent of Education, Gaya should also pass an appropriate order, for payment of salary within three weeks from, the date of receipt/communication of the order. 7. Part of the impugned order contained in Memo No. 100 dated 11.05.2009, whereby petitioner has been directed to give joining at his original school at Paraiya, is quashed. akv/ ( Mridula Mishra, J )