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2002 DIGILAW 1079 (JHR)

Id. Mobeen v. State of Jharkhand

2002-09-30

SUDHANSU JYOTI MUKHOPADHAYA

body2002
Order S.J. Mukhopadhaya, J.-Initially, the Petitioner preferred W.P. (S) no. 3186/02 gainst the order no. 1336 whereby 4th 3spondent, Sri Ashok Kumar Jha, a member of Bihar Education Service Class-II /as transferred and posted as Principal, Zila School, Ranchi. During the pendency of the said writ petition, the petitioner having suspended vide Memo no. 3505 dated 19th August, 2002, he has challenged the order of suspension in WP. (S) no. 4908/02. 2. In the aforesaid background, both the writ petitions were heard together for their disposal by this common order. 3. The petitioner was functioning as Incharge Principal, Zila School, Ranchi. He was replaced by one Dular Chand Ram vide Memo no. 296 dated 4th May, 2000, who was made Incharge Principal of the School. It was challenged by the petitioner in C.W.J.C. no. 1282 of 2000 (R) wherein this Court vide order dated 27th November, 2000 observed that the respondents should not have disturbed one ad hoc arrangement by another ad hoc arrangement, set aside the order dated 4th May, 2000 with a direction to the respondents to fill up the post of Principal, Zila School, Ranchi on regular basis. 4. In WP (S) no. 3186/02, petitioner took plea that the posting of 4th respondent, Sri Ashok Kumar Jha is illegal in view of Court's order passed in C.WJ.C. no. 1282 of 2000 (R) wherein Court directed to fill up the post on regular basis. The submission aforesaid cannot be accepted as a post can be filled up on regular basis by posting a regular member of the service. 5. Admittedly, the post of Principal, Zila School, Ranchi is a cadre post of State Education Service Class-II. The 4th respondent is a member of State Education Service Class-II and can be posted against the post. On the other hand, the petitioner having not promoted to State Education Service Class-II and being a member of Lower Subordinate Education Service has no right to claim his posting against the higher post of Principal, Zila School, Ranchi. 6. Further, the petitioner having suspended, the writ petition WP. (S) no. 3186/ 02 has become infructuous. 7. So far as order of suspension dated 19th August, 2002 is concerned, the petitioner has challenged on the ground that he was suspended but because of malafide of 4th respondent, Mahabir Prasad, Director, Secondary Education, Ranchi. 6. Further, the petitioner having suspended, the writ petition WP. (S) no. 3186/ 02 has become infructuous. 7. So far as order of suspension dated 19th August, 2002 is concerned, the petitioner has challenged on the ground that he was suspended but because of malafide of 4th respondent, Mahabir Prasad, Director, Secondary Education, Ranchi. Such submission cannot be accepted merely on the ground that at one or other point of time, Mahabir Prasad passed certain order. The order of suspension dated 19th August, 2002 having issued in contemplation of departmental proceeding, it is not the stage for this Court to find out whether the ground of suspension is baseless or not. The petitioner handed over the charge of Principal to Sri Ashok Kumar Jha within stipulated period or violated the order being ground taken to suspend him, it is not desirable to determine the issue which is to be determined by the enquiry officer. 8. No case is made out to interfere with the order of suspension dated 19th August, 2002 for the present. Both the writ petitions are dismissed.