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2003 DIGILAW 1036 (PAT)

Saroj Kumari v. State Of Bihar

2003-09-22

NAGENDRA RAI, R.S.GARG

body2003
Judgment 1. This appeal is barred by limitation. 2. Having heard learned counsel for the appellant and perused the averments made in the limitation petition (i.A. No. 3496 of 2003), we are of the view that sufficient grounds have been made out to condone the delay in filing the appeal. The delay is accordingly condoned. Aforementioned Interlocutory Application is allowed. 3. This appeal is directed against the order dated 30.6.2003 passed by the learned Single Judge dismissing the writ application (C.W.J.C. No. 10223 2001) filed by the petitioner challenging the order of punishment dated 25.7.2002 (Annexure-11 to the writ application) on the ground that the petitioner-appellant should avail the statutory remedy of appeal. 4. After hearing learned counsel for the parties, for the reasons to be stated hereinbelow, we are of the view that this is a case where the disciplinary authority has imposed the punishment in total breach of the principles of natural justice and as such the writ application could not have been thrown out on the ground of alternative remedy of appeal. 5. The factual matrix of the case is that the petitioner-appellant is an Assistant Teacher and the relevant time was posted in Baijnath Government Girls High School, Munger. With regard to certain financial irreguiarities a departmental proceeding was initiated and she was put under suspension. The disciplinary authority entrusted the enquiry to the District Inspectress of School, who submitted the report dated 9.11.2001 (Annexure-9 to the writ application) exonerating the petitioner of all the charges levelled against her. 6. It is to be stated that while the disciplinary proceeding was pending before the authority, the appellant-petitioner came before this Court in C.W.J.C. No. 12903 of 2001 which was disposed of on 7.12.2001 with an observation that the Director, Secondary Education, Bihar may look into the matter and in case the enquiry report has been submitted, he will pass a final order in the light of the report without any undue delay preferably within two months from the date of receipt/production of a copy of that order. Thereafter the Director, Secondary Education by the order dated 11.1.2002 revoked the suspension order and referred the report to another officer to examine its credibility and thereafter passed the impugned order dated 25.7.2002 imposing the following punishments : (i) Censure and withholding of one increment with cumulative effect, (ii) Any amount found due is to be recovered from the appellant, and (iii) Except the suspension allowance nothing is to be paid during the period of suspension. 7. Admittedly in this case the Enquiry Officer has submitted a report in favour of the appellant in the sense that he did not find the charges proved against her. On receipt of the enquiry report, the disciplinary authority adopted a procedure unknown in law by referring the matter to the Inspectress of School to verify the correctness of the enquiry report and thereafter passed the impugned order. According to the settled principles of law, when an enquiry report is submitted in favour of the delinquent employee and the disciplinary authority intends to differ with the same, in that case it has to record the proposed grounds for difference with the enquiry report and after affording an opportunity of hearing to the delinquent employee the . disciplinary authority should record the final conclusion and then punishments are imposed (See AIR 1998 SC 2713 , Punjab National Bank & Ors. vs. Kunj Behari Misra). 8. Admittedly in this case the said procedure has not been followed by the disciplinary authority and he has imposed the punishments. Accordingly the impugned order contained in Annexure-11 to the writ application is quashed and the matter is remitted to the disciplinary authority. In case the disciplinary authority agrees with the finding of the Enquiry Officer then the matter will come to an end and in case he intends to differ then he will proceed in accordance with law, as indicated above. 9. In the result, the appeal is allowed.