IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14104 of 2008 Shashi Bhushan Tripathi, son of Sri Sachchidanand Tripathi, resident of village : Sar Siwan, P.S. – Ara Mufassil, District – Bhojpur ………. Petitioner Versus 1. The State Of Bihar 2. The Secretary, Human Resource Development Department, Government of Bihar, Patna 3. The Director, Secondary Education, Government of Bihar, Patna 4. The Regional Deputy Director of Education, Munger Division, Munger 5. The District Superintendent of Education, Begusarai 6. The Principal, Middle School, Bori, Agachi, Begusarai 7. The District Magistrate, Begusarai ………………Respondents ----------- For the Petitioner : M/s. Anil Kumar Sinha & Amresh Kumar Sinha, Advocates For the State : Mr. Santosh Kumar Singh, S.C. XXII Mr. Shailendra Kumar Singh, Advocate ---------------- 4/ 7.1.2009 Heard learned counsel for the petitioner and the state. The petitioner, who is stated to be a clerk in the office of the District Superintendent of Education, Begusarai, is aggrieved by his order of suspension dated 26.8.2008. The allegation against him is of having prepared documents for grant of PF loan to a teacher in excess of the amount in the account of the teacher concerned. Learned counsel for the petitioner submits that the 2 petitioner had no role in the preparation of the proposal for sanction of the loan and drawing and disbursing of the same lies in the jurisdiction of the Principal of the school. The Principal of the school has been suspended by the District Superintendent of Education for non-disbursement of the loan to the teacher concerned by the order dated 6.9.2008. A counter affidavit filed on behalf of the respondent no. 4, while dealing with the pleadings of the writ application of suspension of the Principal concerned, declines to answer it by only averring that it has been replied in “the above paragraph”; when the issue finds no reference in the earlier pleadings in the counter affidavit affirmed by the Regional Deputy Director. This court, on the face of it, is satisfied that the order of suspension of the petitioner dated 26.8.2008 and that of the Principal dated 6.9.2008 are clashing inter se. One of them, obviously, is incorrect. This aspect of the matter needs to be decided administratively after examination of necessary materials. In this view of the matter, the writ application is 3 disposed of with a direction to the respondent no. 3 , the Director, Secondary Education, Government of Bihar, Patna to examine the entire controversy and then to take a fresh decision with regard to the correctness of the suspension of the petitioner or the Principal of the school in question. This court does not consider it necessary at this stage to set aside Annexure 2 as that shall result in automatic confirmation of Annexure 6. The matter shall remain in absolute discretion of respondent no. 2, the Secretary, Human Resource Development Department, Government of Bihar, Patna, who shall take an appropriate decision with regard to continuance of either Annexure 2 or Annexure 6. Let this decision be taken by the respondent no. 2 within a period of eight weeks from the date of receipt/production of a copy of this order. Anil/ ( Navin Sinha,J )