IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14623 of 2009 1. SATENDRA NARAYAN SINGH S/O LATE DOMAN THAKUR VILL TARWAR,P.O VERWANIA, P.S- BHAGAWANPUR HAT, DISTT- SIWAN Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, SIWAN 3. THE DISTRICT SUPERINTENDENT OF EDUCATION SIWAN 4. THE B.D.O, BHAGWANPUR HAT, P.O+P.S- BHAGWANPUR HAT, DISTT- SIWAN 5. THE B.E.O., BHAGWANPUR HAT, P.O+P.S- BHAGWANPUR HAT, DISTT- SIWAN 6. THE PANCHAYAT SECRETARY GRAM PANCHAYAT BITHUNA, P.O- BITHUNA, P.S- BASANTPUR, DISTT- SIWAN 7. THE INCHARGE HEADMASTER, NEW PRIMARY SCHOOL BITHUNA MINDER, P.O- BITHUNA, P.S- BASANTPUR, DISTT- SIWAN 8. MUKHIYA, GRAM PANCHAYAT RAJ, BITHUNA, P.O. BITHUNA, P.S. BASANTPUR, DISTRICT – SIWAN. FOR THE PETITIONER : - MR. BIPIN BIHARI SINGH, ADVOCATE FOR THE RESPONDENTS : - MR. PANKAJ KUMAR SINGH I MR. U.K. MISHRA, ADVOCATES. FOR THE STATE : - S.C. 20. ----------- 02/ 08.02.2010 Counsel for the petitioner is permitted to implead the Mukhiya of Gram Panchayat Raj, Bithuna as respondent no.8. Respondent no. 7 has entered appearance through his counsel. Petitioner’s prayer is for a direction to the Incharge Headmaster of New Primary School, Bithuna Minder for accepting his joining in the School in compliance of the order passed by the competent authority and communicated under Memo No. 03 dated 4.9.2009. The order contained in Memo No. 03 dated 4.9.2009 was issued by the Mukhiya of Gram Panchayat Raj, Bithuna directing the petitioner to give his joining again in the original School after being released from - 2 - the School where he was sent on deputation vide order contained in Memo No. 01 dated 6.1.2009. Petitioner’s grievance is that earlier vide letter no. 01 dated 6.1.2009 he was sent on deputation in New Primary School, Rajput Tola, Bithuna, in violation of the Service Conditions Rules, his illegal deputation order, when brought to the notice of District Superintendent of Education, Siwan, direction was issued for accepting petitioner’s joining in the original school, vide letter no. 1906 dated 16.9.2009. The deputation of the petitioner was cancelled and he was directed to joint the original school. Respondent no. 7, who after deputation of the petitioner was made incharge Headmaster of the School, has declined to accept his joining. Respondent no. 7 has filed counter affidavit stating that the petitioner’s presence in the school in question was not beneficial for the school as well as the students, as such on recommendation of the Vidyalaya Shiksha Samiti. The petitioner was sent on deputation as provided under Rule 17 of Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006. Rule 17 relates to the disciplinary action, which could - 3 - be taken against a teacher on recommendation of Vidyalaya Shiksha Samiti. Rule 17(2) provides that a disciplinary action can be taken by a Committee constituted under Rule 9(4), in case the teacher is working against the interest of the students and the school, but any action can be taken only after initiating the disciplinary proceeding. In the counter affidavit filed by respondent no. 7, I do not find that any disciplinary proceeding was initiated against the petitioner, before sending him on deputation, which was equivalent to imposing punishment. Considering the fact that already deputation order has been recalled by Mukhiya, who has issued the deputation order, there is no reason for not accepting the joining of the petitioner in his original school. In case there are some complaints against the petitioner the competent authority under the Rules empower to initiate any disciplinary action and take any action is free to do the same. However, petitioner’s joining must be accepted and he be allowed with all consequential benefits. This application is disposed of. DKS/ (Mridula Mishra, J.)