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1994 DIGILAW 5 (PAT)

Ganesh Das v. State Of Bihar

1994-01-10

G.C.BHARUKA, GURUSHARAN SHARMA

body1994
Judgment G. C. Bharuka, Gurnsharan Sharma, JJ. 1. This writ application has been filed by the petitioner for quashing of the order of the Area Education officer, Barahat (respondent No.11) by which he has directed the Headmaster of the Middle School, Bamdco Bazar, to suspend the payment of salary to the petitioner till further orders and in the meantime he would send (I) the appointment letter, (II) service book, (III) the educational and training certificates, (IV) School-leaving certificate, (V) photo copy of the absence detail of 1991-92 and (VI) Caste certificate. 2. According to the petitioner, he is presently posted as Assistant teacher in Primary School, Faizpur and holds requisite educational and training qualifications for being appointed to that post. In support of his assertion he has filed photostat copies of the Admit Card, the marks sheet and the certificate of the Bihar School Examination Board being Annexures i i/a and 1/b. He has also filed photo copies of the Admit Card and marks sheet of the Teachers Training (Primary) being Annexures 2 and 2/a. According to the petitioner, he was duly appointed pursuant to an advertisement made in the newspapers in 1980, after facing the interview and on verification of his educational, training and caste certificates. According to him, he joined as Assistant Teacher on 1 4 1982 in the School in question. It appears that the Divisional Commissioner of Bbagalpur division directed for holding enquiry in respect of gross embezzlement brought to the notice in payment of salary to unauthorised persons claiming themselves to be duly appointed as primary teachers. The enquiry in this regard has been conducted by the Additional Collector, Flying Squad, bhagalpur Division, Bhagalpur. It seems that pursuant to such an enquiry in respect of large number of persons, orders similar to one as contained in annexure 9 has been passed. 3. We have heard Mr. Madhup, learned counsel appearing for the petitioner as also learned counsel for the State. 4. In substance the argument advanced by Mr. Madhup is that the payment of salary to the petitioner cannot be suspended unless a disciplinary proceeding is initiated against the petitioner and appropriate orders in this regard are passed in accordance with law According to him, the Area education Officer had absolutely no authotity to issue any direction as contained in the impugned order since he is neither the appointing authority nor the disciplinary authority. 5. 5. After hearing the learned counsel for the parties, we are of the view that the submission advanced by Mr. Madhup can hold good only in the case of a person who has been duly appointed as a Government servant. But if the very appointment is under doubt or dispute because of certain materials placed before the authority coming from any source, it is essential to verify the basis facts pertaining to appointment before the public exchequer is taxed with the payment of salary to a person claiming to have been duly appointed. But, then, under the guise of holding any such enquiry, the authorities cannot suspend the payment of salary to a person for an under terminate period. If a person is legally entitled to have his salary, then its suspension it bound to tell upon the livelihood of such an employee and his dependents. Therefore, in such cases, the enquiries should be completed with all expedition. 6. Accordingly, it is hereby directed that the Director. Primary education, should examine the entire claim of the petitioner and pass appropriate orders within six weeks from the date of communication of this order The petitioner, if so advised, may also file representation before the learned Director within two weeks from today and seek an opportunity of personal hearing to have his full say with regard to his rights. 7. The writ application is accordingly disposed of with the aforesaid directions. 8. Let a copy of this order be handed over to Mr. D. K. Sinha, S. C. IV, for immediate communication to the learned Director. Petition Disposed of.