IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.999 of 2011 In Civil Writ Jurisdiction Case No. 10195 of 2010 With Interlocutory Application No. 4552 of 2011. ====================================================== Naipal Sharma, S/o Late Ram Keshwar Sharma, resident of Hethua, P.S. Rajpur, District - Buxar .... .... Petitioenr - Appellant Versus 1. The State of Bihar, 2. Principal Secretary, Human Resources Development Department, Bihar, Patna, 3. Director, Primary Education, Bihar, Patna, 4. District Superintendent of Education, Buxar-cum-District Programme Co-ordinator, 5. Area Education Officer, Dumraon, District – Buxar 6. Brij Bhushan Singh, Secretary, Vidayalaya Shiksha Samiti, Bsarth Middle School, Dumrao, Buxar .... .... Respondent/s ….. Respondents. ====================================================== Appearance : For the Appellant/s : Mr. Abhinay Raj, Advocate. For the Respondent/s : Mr. S.S. Hussain, G.P. 4 and Mr. (AC to G.P. 4.) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 20-07-2011 Re. I.A. No. 4552 of 2011. The delay of 61 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Re. L.P.A. No. 999 of 2011. This Appeal under Clause 10 of the Letters Patent is Patna High Court LPA No.999 of 2011 (3) dt.20-07-2011 2 / 3 2 filed by the writ petitioner, a Headmaster in the Middle School, Dumraon, District – Buxar, against the order dated 14th December 2010 made by the learned single Judge in CWJC No. 10195 of 2010. By the order dated 9th April 2010, the appellant (the Headmaster of the school) has been placed under suspension in connection with the alleged misappropriation of the Government funds. Since the order of suspension, on 5th June 2010 the appellant was called upon to deposit the sum of Rs. 3,33,436/- with the District Superintendent of Education, Buxar. The appellant having failed to do so has not been paid subsistence allowance. Feeling aggrieved, the appellant filed the above CWJC No. 10195 of 2010 to challenge the order of suspension as well as the order dated 5th June 2010. The learned single Judge has dismissed the writ petition. Therefore, the present appeal. It is unfortunate that a Headmaster of the Middle School is entrusted with the supervision of construction work and the Government funds. Instead of concentrating on teaching and administration of the school, the Headmaster is caught in the turmoil of construction and accounts. Be that as it may, since there is a charge of misappropriation of Government funds, the order of suspension is not interfered with. It has come on record that a disciplinary proceeding has been initiated against the appellant under the charge sheet dated 18th June 2010. Learned Advocate Mr. Abhinay Raj has appeared for the appellant. He has submitted that the appellant has submitted his reply to the charge sheet. In our opinion, ends of justice shall be met if the Patna High Court LPA No.999 of 2011 (3) dt.20-07-2011 3 / 3 3 disciplinary proceeding initiated against the appellant is completed as early as possible, but not later than three months from today. For the aforesaid reason, we direct the respondents to complete the disciplinary proceeding initiated against the appellant within three months from today. The appellant shall fully cooperate in the disciplinary proceeding. Subject to the above direction, the Appeal stands disposed of. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)