IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10793 of 2005 MD.NURUL AIN son of Samsuddin, resident of village-Bhelpur, P.S. G.B.Nagar(Tarwarn),District-Siwan. Versus 1. THE STATE OF BIHAR through Human Resources Department, Govt. of Bihar,Patna. 2. The Director Primary Education ,Bihar,Patna. 3. The Accountant General, Bihar,Patna. 4. The District Account Officer, Siwan. 5. The District Superintendent of Education, Siwan. 6. The District Provident Fund Officer, Siwan. 7. The District Treasury Officer, Siwan. ----------- For the Petitioner : Mr. Naresh Das For the respondent no.3 : Mr. Vivekanand Kumar For the State : S.C.4 5 7.11.2008 District Superintendent of Education, Siwan, was required to file a counter affidavit pursuant to order of this Court. He failed to do so. He was asked to be personally present. He confessed that an assistant of his office had not brought the order of this Court to his notice. This Court on such admission had made a query as to what action the District Superintendent of Education, Siwan proposed to take against the erring officials. The District Superintendent of Education is present and has filed an affidavit merely stating that the grievance of the petitioner has been met and the erring official suspended. The order of suspension is Annexure E. I regret that this Court has not directed that any one be suspended . All this Court wanted to know as to what action did, the District Superintendent of Education propose against the erring officials. Unfortunately, it has become trite where officer do not take appropriate action and when questioned by the Court, they take shelter of the Court to take action. This is misdemeanour of the officer. They are the competent authority and they must show that they have competently acted in the matter. This Court - 2 - wanted to know whether a disciplinary proceeding would be initiated or not. All that is vanished now. Be that as it may, as petitioner’s grievance has been met, the writ petition is disposed of as infructuous. Singh (Navaniti Pd.Singh)