IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.218 of 2002 Yadunandan Singh, son of late Ramkrit Singh, resident of Village- Basti Bigha, P.S. Karpi, District- Jehanabad ----- Appellant ----- Petitioner. Versus 1. The State of Bihar 2. The Director, Secondary Education, Govt. of Bihar, Secondary Education Council Building, Patna ---- Respondents ---- Respondents. ---------- 5. 21.8.2009 Heard Mr. Bishnu Kant Dubey for the appellant, and Mr. Shashsi Bhushan Kumar, learned Standing Counsel No.16 for the respondents. The petitioner of C.W.J.C. No. 13642 of 2001 (Yadunandan Singh Vs. State of Bihar & Ors.), has preferred this appeal under Clause 10 of the Letters Patent of High Court of Judicature at Patna, and is aggrieved by order dated 2.1.2002, whereby the writ petition was dismissed. It arises out of disciplinary proceedings. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that the petitioner was, at the relevant point of time, posted as Headmaster of Marwari High School, Patna City, which is Government High school. He was subjected to disciplinary proceedings and the following charges were levelled against him: “(i) the loot of the question papers for the CBSE Medical Entrance Examination, 2000 was the result of carelessness and negligence on the part of the petitioner. (ii) He allowed independent (private) candidates to appear in the Annual Secondary Examination, 2000 contrary to rules.” After conclusion of the departmental proceedings, he was 2 awarded the following punishments: “ (i) in future he will not be given any responsibilities in connection with any examination. (ii) punishment of censure and withholding of five annual increments with cumulative effect and (iii) the entry of all these punishments in his service book.” This was followed by an order whereby he was transferred to a High School, Bihari Bigha, Patna. The petitioner challenged the order of punishment by preferring the aforesaid C.W.J.C. No. 13642 of 2001. It appears to us that the departmental proceeding was conducted in accordance with law, prescribed procedure was followed and natural justice was done. We entirely agree with the findings of the learned Single Judge. The petitioner has raised the contention before the learned Single Judge that the Director, Secondary Education, is the disciplinary authority and the order was passed by the State Government. The learned Single Judge rejected the contention by stating that the order has actually been passed by the Director of Secondary Education. We entirely agree with the finding of the learned Single Judge. We further agree with him that the petitioner has been let off very lightly and it was a fit case where the stricter punishment ought to have been meted out to the appellant in view of the findings of the learned inquiring officer. We do not find any merit in this appeal. It is accordingly dismissed. Vinay/ ( S. K. Katriar ,J. ) ( Jyoti Saran, J.) 3