IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12999 of 2005 Krishna Devi, W/o-Late Krishna Mohan Prasad Gupta, R/o-Mohalla-Belan Bazar, P.O.-Munger, District-Munger. –Petitioner. VERSUS 1. The State of Bihar. 2. Secretary, Department of Primary Education, Government of Bihar, New Secretariat, Patna. 3. Director, Primary Education, Government of Bihar, New Secretariat, Patna. 4. The Commissioner, Munger Division, Divisional Officer, Munger. 5. District Development Commissioner, Jamui, Jamui Collectorate, Jamui. 6. District Superintendent of Education, Jamui, D.S.E. Office, Jamui. 7. Regional Education Officer, Jamui. 8. Headmaster, Rajkiya Madhya Vidyalay Harla, Laxamipur, Munger (Jamui). -Respondents. ----------- For the Petitioner : Mr. Rabindra Nath Kanth. For the State : Mr. Apurva Kumar, AC to SC-10. ------------ 05 04.04.2011 The petitioner is the widow of an Assistant Teacher and is pursuing the writ petition on behalf of her late husband. Her late husband, Krishna Mohan Prasad was dismissed from service for unauthorized absence of over 12 years. Several technical issues have been sought to be raised. The issues relate to the disciplinary proceeding, which ultimately culminated in the order of dismissal and was affirmed in appeal. In view of the facts emanating in the present case, I am not inclined to interfere in the matter. Petitioner upon being appointed as Assistant Teacher was directed to report to a certain school. On behalf of petitioner, it is pleaded that he was not allowed to join and he was not allowed to mark his attendance though formally he was neither suspended nor any departmental proceeding initiated. This state of affairs continued for over 12 years. It is after 12 years of such suspended animation petitioner moved this Court for payment of his - 2 - salary. This Court directed the authorities to enquire into the matter. Upon enquiry into the matter, it was found that the petitioner had been absconding from work, as such, a departmental proceeding was initiated. It is pursuant to these departmental proceedings that petitioner has been dismissed and the order has been upheld in appeal that this writ petition has been filed. To the question of being absent for over 12 years, petitioner states that in fact his name was originally in the school register which was deleted. He was prevented from marking attendance. To the question as to what he was doing for 12 long years, there is no clear answer. Thus, it is established beyond doubt that what to talk of 5 years petitioner was absent without cause for over 12 years. In view of this fact, I am not persuaded to interfere in the matter at this stage. This writ petition is, accordingly, dismissed. Trivedi/ (Navaniti Prasad Singh, J.)