IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10002 of 2008 BHALCHAND SHARMA Versus THE STATE OF BIHAR & ORS ----------- For the petitioner :M/s K.N. Choubey, Sr. Advocate & Rajani Kant Pandey, Advocate For the State :Mr. Anil Kumar Jha, G.A. 2 02/ 11.7.2008 Heard learned counsel for the petitioner and the State. 2. Petitioner, at the relevant time served as Clerk on deputation in the office of the District Superintendent of Education, Kaimur at Bhabua, has filed this writ application against the office order, bearing Memo. No. 721 dated 2.4.2008, as contained in Annexure-12 to this application, whereunder he has been placed under suspension with immediate effect by the Regional Deputy Director, Patna Division for his failure to come back and join his parent office as per the report of the District Superintendent of Education, Rohtas contained in letter No. 136 dated 15.5.2008. 3. It is submitted on behalf of the petitioner that he could not come back to his parent office at Rohtas as the District Superintendent of Education, Kaimur at Bhabua under whom he was working on deputation, never relieved him to join his parent office and he has become victim of the ego clash between the District Superintendent of Education, Kaimur at Bhabua and the District Superintendent of Education, Rohtas. The Regional Deputy Director of Education, Patna, who has passed the impugned suspension order instead of appreciating the fact that the suspension order is wholly uncalled for, has fixed the headquarter of the petitioner during the 2 proceeding at Biharsharif but the proceeding continued at Patna in the office of the District Education Officer, Patna. 4. It appears from the impugned suspension order, Annexure-12 as also the memo of charge that petitioner has been placed under suspension for violating the orders of the Controlling Officer, who cancelled his deputation, as such, I am not inclined to interfere with the suspension order dated 2.4.2008, Annexure-12, but at the same time I will permit the petitioner to represent against the suspension order before the Director, Secondary Education, Bihar, Patna, who should consider the submission of the petitioner that if he was not relieved by the Controlling Officer at Bhabua then how he could have joined at Rohtas. With the aforesaid liberty, I further direct that the headquarter of the petitioner during the suspension period shall be at Patna where proceeding is going on and not at Biharsharif. 5. This application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)