IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8848 of 2003 Ram Prasad Singh, son of late Harihar Prasad Singh, Resident of Village Mohadichak, P.S. Kako, Distt. Jehanabad. ------ Petitioner Versus 1. The State of Bihar. 2. The Commissioner, Magadh Division, Gaya. 3. The District Magistrate, Jehanabad. 4. The District-Superintendent of Education, Jehanabad. 5. The Block Education Extension Officer-cum-Enquiry Officer, Arwal (North), Jehanabad. ------- Respondents ----------- 3 03.09.2010 Having heard learned counsel for the parties as with regard to the following prayer made in this writ application:- “1(I) For quashing the impugned order memo No. 2819 Jehanabad dt. 13.11.2001 (as contained in Annexure:-4) passed by the district Superintendent of Education, Jehanabad whereby and whereunder, the District Superintendent of Education, Jehanabad (Respondent No.4) awarded/imposed with two punishment upon the petitioner as a punishment of admonition and not to allow to withdraw the salary of the petitioner, of suspension period. (II) Further for quashing the impugned office order as contained in memo No. 1017 Jehanabad dt. 21.03.2001 (as contained in Annexure:-1) 2 passed by the District Superintendent of Education, Jehanabad, by which the petitioner was suspended on the basis of frivolous ground. (III) After quashing the impugned order respondent may be directed to pay the salary of the petitioner of suspension period to till the date of releaving to the posted place i.e. 21.03.2001 to 12.12.2001. (IV) Further for a direction to the respondent authorities to pay the amount to the petitioner which is due to be paid. (V) To grant the petitioner sum of Rs. 1,0000/- as a litigation cost for which the petitioner has been unnecessary harassed.” and the undisputed assertion of the petitioner as against the order of punishment dated 13.11.2001 that he had filed an appeal before the Commissioner, Magadh Division, Gaya as contained in Annexure-6, this Court would direct the said appellate authority to dispose of the appeal of the petitioner, if the same was actually filed before him. In the event, the said appellate authority will find that no such appeal was filed before him as is claimed by the petitioner by enclosing a copy of his 3 representation of appeal (Annexure-6), he would simply pass an order to this effect. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)