IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18058 of 2009 1. NITU KUMARI @ NITU GUPTA D/O SRI RAM PRASAD SINGH R/O VILL- FARABARI, P.O. THAKURGANJ, DISTT. KISHANGANJ …………. Petitioner Versus 1. THE STATE OF BIHAR THROUGH SECRETARY HUMAN RESOURCES DEPTT., GOVT. OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE KISHANGANJ 3. THE DISTRICT SUPERINTENDENT OF EDUCATION KISHANGANJ 4. THE BLOCK DEVELOPMENT OFFICER THAKURGANJ, DISTT. KISHANGANJ 5. THE BLOCK EDUCATION EXTENSION OFFICER THAKURGANJ, DISTT. KISHANGANJ 6. THE CHAIRMAN VIDYALAYA SHIKSHA SAMITI, PRATHMIK VIDYALAYA, BIRANGURI (MADARIDANGA) BARCHONDI, PANCHAYAT UNDER THAKURGANJ BLOCK, DISTT. KISHANGANJ 7. THE SECRETARY VIDYALAYA SHIKSHA SAMITI, PRATHMIK VIDYALAYA, BIRANGURI (MADARIDANGA) BARCHONDI, PANCHAYAT UNDER THAKURGANJ BLOCK, DISTT. KISHANGANJ 8. THE MUKHIA VILLAGE- BARH- CHONDI PANCHAYAT, P.O. THAKURGANJ, DISTT. KISHANGANJ 9. THE PANCHAYAT SECRETARY VILLAGE- BARH- CHONDI PANCHAYAT, P.O. THAKURGANJ, DISTT. KISHANGANJ 10. SMT. RANJANA KUMARI W/O BISHNU PRASAD SINGH R/O VILL- BARPOTIA, P.O. BULITI (BHARATPUR) THAKURGANJ, DISTT. KISHANGANJ, AND NOW POSTED AS A PRADHAN PANCHAYAT TEACHER, NAYA PRATHMIK VIDYALAYA, BIRANGURI (MADARIDANGA) BARCHONDI, THAKURGANJ, DISTT. KISHANGANJ ……… Respondents ----------- 03. 20.06.2011 Heard learned counsel for the petitioner and the State. Counter Affidavit has been filed on behalf of the Block Education Extension Officer, Thakurganj, 2 District-Kishanganj, Respondent No. 5. Prayer of the petitioner is for quashing of the Office Order, contained in Memo No. 60, dated 12.02.2009, issued by Respondent No. 5, removing the petitioner from the post of Head-Mistress of the school and making Smt. Ranjana Kumari, Respondent No. 10, In-charge Head-Mistress of the school. This Order has been passed on account of some allegations and complaints, made by the Secretary of the Vidyalaya Shiksha Samiti and the Sarpanch of the concerned Gram Panchayat, regarding misappropriation of funds, allocated for construction of the school building. Petitioner joined the new Primary School, Biranguri (Madaridanga), Barchondi Gram Panchayat, Thakurganj on 2nd of June, 2007. Complaint was made against her by the Secretary, Vidyalaya Siksha Samiti. The allegation against the petitioner, was that without starting construction of the school building and without there being approval for the same by the Vidyalaya Shiksha Samiti, she withdrew Rs. 1,50,000/- from the account of the school. On the other hand, the petitioner has alleged 3 that just after her joining at the school, she was being pressurized by the Secretary of the Vidyalaya Shiksha Samiti, Respondent No. 7 and also the Sarpanch of the concerned Panchayat for releasing the fund allocated for construction of the building. Since the building plan had not been approved, site not decided and no process for construction initiated, she refused to abide by their directions and that is the reason that a false complaint was made against her. Petitioner immediately informed this matter to the District Superintendent of School, but the Block Education Extension Officer, who was also a party to the game of misappropriation of building fund, along with other Respondents, illegally passed an order for her demotion and also for withholding payment of her salary. Payment of her salary has been stopped since September, 2008. Despite repeated request made by the petitioner, payment of salary has not been resumed and she has not been reinstated to the post of Head-Mistress. In the Counter Affidavit, filed on behalf of Respondent No. 5, there is nothing to show that before passing the order of removal from the post of Head-Mistress, the petitioner was either issued any 4 show-cause-notice or a Departmental Proceeding was initiated, in which charges framed against her, was found to be proved. Simply, it has been stated that the funds were withdrawn by the petitioner and subsequently it was deposited in the account of school. A sum of Rs. 1,50,000/- of building fund, is alleged to have been withdrawn from the building fund by the petitioner. Considering the fact that mere allegation can not be a basis for passing order of punishment, and an order of demotion and non-payment of salary, unless charges are proved. The impugned order, as such, is completely illegal. The Respondent No. 5 otherwise also was not authorized to pass such an order. The order could have been passed by the Disciplinary Authorities, only when allegations made against the petitioner would have been proved in a proper Departmental Enquiry, initiated against her. Considering the fact that the petitioner was legally transferred to the school as Head-Mistress and only under the orders of the competent authority for a proper and legal reason, she could have been removed from her post, the impugned order is completely illegal and without jurisdiction. 5 The order impugned, dated 12.02.2009, contained in Memo No. 60, issued by Respondent No. 5 is illegal and fit to be quashed. Impugned order is thus quashed. The District Superintendent of Education, Kishanganj and the Block Education Extension Officer, Thakurganj, District-Kishanganj, Respondent No. 5, are directed to make payment of entire arrears of salary, withheld since September, 2008 to the petitioner. Payment of current month to month salary shall also be resumed. Petitioner is directed to be reinstated on the post of Head-Mistress of the concerned school. Respondents are directed to comply with the directions of this Court within two weeks from the date of communication / production of this order. With the aforesaid observations, this Writ Application is allowed. SKM (Mridula Mishra, J.)