IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13897 of 2005 ARUN KUMAR PRIYADRASHI, Son of Late Munshi Das, resident of Muhalla Bharopar, P.S. Laheri, District- Nalanda. Versus 1. THE STATE OF BIHAR 2. The Secretary, Secondary Education, Bihar, Patna. 3. The Director, Secondary Education, Bihar, Patna. 4. The Regional Deputy Director of Education, Patna Division, Patna. 5. The District Education Officer, Nalanda. 6. The Headmaster, Baripahari Rashtriya High School, Biharsharif, Nalanda. ------------------------ For the petitioner:- Mr. Shivajee Pandey, Sr. Advocate. Mr. Manish Kumar For the State:- Mr. Prabhat Kumar Singh, Advocate. ----------------------------- 10. 14.02.2011 Petitioner is working as an Assistant Teacher in Baripahari Rashtriya High School Biharsharif, Nalanda. On an application made by one of the teachers that during the period 1995-96 some amount of money has been withdrawn by the petitioner, which was due to the teachers against the sanctioned leave a departmental proceeding was instituted. It is alleged that the teachers were not paid the leave salary, after it was withdrawn. Two cases were instituted against the petitioner one is the criminal case and the other is the departmental proceeding which is being challenged by the petitioner on the ground that the petitioner has been acquitted in the appeal filed on 2 his behalf against the judgment of the Trial Court for the charges of misappropriation. The main contention of the petitioner is that the charges framed are vague and that in the charges framed memo of evidence, which the departmental authority relied upon has not been supplied to the petitioner. In the opinion of the Court charges framed indicate that the petitioner along with one other had withdrawn certain amount from the treasury at Biharsharif and misappropriated the said amount. The enquiry report on the other hand relied upon the bills of the year 1995-96 which has been withdrawn by the petitioner. The charges were well known to the petitioner as for the same charges he has faced the criminal trial. The crux of the matter, however, lies in the fact that the enquiry report does not discuss the evidence in any manner whatsoever, except to show in two lines that they have examined certain documents and come to the conclusion that the money was withdrawn by the petitioner. Counsel for the State has filed a detailed counter affidavit brining on record the documents on which the enquiry officer has relied upon. Apart from other facts it is also stated that against the 3 judgment passed by Shri Kishori Ram, Additional Sessions Judge, F.T.C. No.1 in Criminal Appeal No. 95 of 1999, the State has moved this Court and it is pending in this Court. This Court finds that in fact it would be proper to serve a list of documents on which the respondents intend to rely, on the petitioner and thereafter re-enquire into the matter, after fixing the date of appearance of the petitioner. The petitioner may lead evidence, if any, or produce any document to show that he is not responsible for the said misappropriation. As far as the allegation that the petitioner was absent from the school, this Court finds that the petitioner has been acquitted of the charges in the departmental proceeding, and as such no option is being given by this Court to reopen this issue again. Petitioner is directed to produce a copy of this order before the Regional Deputy Director of Education, Patna Division, Patna within eight weeks from the date of receipt of this order. The Regional Deputy Director of Education, Patna will constitute an enquiry immediately, which should be concluded within a period of six months. The matter is remanded for the reasons 4 aforesaid and the order contained in Anneuxre-7 vide memo no. 9 dated 7.4.2005 is hereby quashed. The consequential order of payment of dues/reinstatement etc. will obviously be subject to the result of the enquiry and the final result in the Departmental proceeding. This application is disposed of with the aforesaid observations and directions. Anand Kr. ( Sheema Ali Khan, J.)