IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13210 of 2009 1. LALAN SINGH S/O LATE BINDESHWARI SINGH THEN THE HEAD MASTER OF RAM NAGINA PANDEY HIGH SCHOOL, ARA, P.S. ARA, DISTT. BHOJPUR, PERMANENT RESIDENT OF VILL+P.O. KURUR, P.S. KARAKAT, DISTT. ROHTAS, SASARAM …… PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, SECONDARY EDUCATION, GOVT. OF BIHAR, PATNA 4. THE R.D.O.E. (REGIONAL DEPUTY DIRECTOR OF EDUCATION), PATNA PRAMANDAL, PATNA 5. THE DISTRICT EDUCATION OFFICER, BHOJPUR, ARRAH 6. THE SUB-DIVISIONAL EDUCATION OFFICER, ARA, BHOJPUR …. RESPONDENTS. ----------- 02/ 07.01.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner is a retired Headmaster, who has been awarded punishment in a departmental proceeding. In this application the petitioner has challenged the order passed by the Principal Secretary, Human Resources Department, Govt. of Bihar, Patna contained in Memo No. 1750 dated 12.6.2009 in the appeal preferred by the petitioner against the final order passed in the departmental proceeding as well as the final order of punishment passed by the Director, Secondary Education, Govt. of Bihar, Patna in the departmental proceeding vide order dated 17.3.2005. The appellate authority has affirmed the order passed by the - 2 - disciplinary authority, respondent no. 3. On perusal of the impugned orders as well as the different annexures annexed with the writ application, it transpires that the departmental proceeding was conducted following all legal procedure. Petitioner was given proper opportunity to verify the charges framed against him. Enquiry report was fully furnished to the petitioner. Second show cause notice was also issued which was properly replied by the petitioner. Considering all materials on record the final punishment order was passed imposing two punishments to the petitioner. Against the final order an appeal was preferred and the appellate authority has considered every facts and circumstances and has affirmed the order passed by the disciplinary authority. The petitioner has challenged the impugned orders on the ground that in the enquiry report it is specifically mentioned that for the alleged act petitioner as well as District Education Officer both are responsible, but no departmental proceeding was initiated against the superior authority and the petitioner was awarded punishment for the same act. I find that so far the charges against the petitioner - 3 - are concerned, have fully been proved. The ground, which has been taken by the petitioner now for challenging the disciplinary proceeding, had never been taken by him at any stage. The appellate authority, however, has modified the punishment awarded in the departmental proceeding and made it lighter than earlier. I do not find any merit in this application. Accordingly, it is dismissed. DKS/ (Mridula Mishra, J.)