IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2422 of 2009 ABHAI SHANKAR Versus THE STATE OF BIHAR & ORS ----------- 2 20/2/2009 Heard counsel for the petitioner and counsel for the State. It would be difficult for this Court to sustain the impugned order passed by the District Superintendent of Education, Supaul dated 28th February, 2008 because there is no service rule which says that the moment a criminal case filed against the petitioner he must be removed from service without affording an opportunity of hearing and/or subjected to a departmental proceeding. Admittedly, in this case the petitioner was made accused in a police case being Birpur P.S. Case No. 23 of 2008 dated 19.2.2008 under sections 122, 123, 124 A, and 120 B of the Indian Penal Code, section 24 of Atomic Energy Act, 1962, section 16 of Unlawful Activities (Prevention) Act, 1967 and sections 4/5 of Explosive Substance Act, 1959. The petitioner was taken into custody and while he was in custody the District 2 Superintendent of Education by his letter dated 22.2.2008 had informed the Collector of the district that since the petitioner had been taken into custody in connection with a criminal case appropriate action against him must be taken for his suspension as he was a teacher in a Government School. Pursuant thereto the Collector of the district by his letter dated 23rd February, 2008 had intimated the District Superintendent of Education, Supaul to take appropriate action for suspension of the petitioner. Unfortunately, the District Superintendent of Education could not make distinction between the order of suspension and order of dismissal and instead of suspending the petitioner he has passed order for dismissal of the petitioner from service. As no notice muchless departmental proceeding or any action has been taken against the petitioner, such order of the District Superintendent of Education dated 28th February, 2008 is in violation of principles of natural justice. That being so, this Court cannot 3 sustain the impugned order of dismissal of the petitioner from service dated 28th February,2008 and the same is accordingly quashed. Admittedly the petitioner is still undergoing rigours of criminal case and as such, he would stand suspended with effect from 28th February, 2008 and will not be entitled for his subsistence allowance till the period he was in custody, i.e, December, 2008, whereafter petitioner would be paid subsistence allowance till pendency of the criminal case. Such suspension of the petitioner will continue till the conclusion of criminal case and/or initiation and completion of departmental proceedings. This would dispose of this writ application. (Mihir Kumar Jha, J.) Abhay Kumar