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2017 DIGILAW 1793 (JHR)

Jafar Alam v. State Of Jharkhand

2017-10-12

SHREE CHANDRASHEKHAR

body2017
ORDER Chandrashekhar, J. - The petitioner is aggrieved of order dated 08.06.2017 by which he has been placed under suspension. 2. The petitioner was appointed as a teacher in Project Girls High School, Pratappur on 10.01.1985. When his service was not confirmed he along with one Sarwesh Kumar Singh came to this Court in W.P.(S) No. 1447 of 2013. The writ petition stood disposed of by an order dated 17.04.2013, directing the Director, Secondary Education, Department of Human Resources Development to consider the claim of the applicants therein and pass a reasoned order within eight weeks. It was observed by the Court that if the applicants are found entitled to the claim they shall be given consequential benefits including, the arrears of salary. In compliance of order passed in W.P.(S) No. 1447 of 2013, the Director, Secondary Education passed a reasoned order on 06.08.2013. Before payment to the petitioner and coworker Sarwesh Kumar Singh could be made, the petitioner being the senior most teacher in the school was given charge of Headmaster. It is pleaded that, on an allegation that there was delay on their part, District Education Officers namely, Sri Shiv Narayan Sah, Smt. Mukti Rani Singh, Smt. Sarita Dadel and Sri Mukesh Kumar Sinha were issued show cause notices. The petitioner has brought on record a copy of order dated 08.06.2017 by which Smt. Mukti Rani Singh, the then District Education Officer, Chatra has been let off with a warning to be careful in future. On the basis of this order, the learned counsel for the petitioner submits that the petitioner who was never communicated the order of the court for calculation of arrears of salary, on an erroneous assumption has been placed under suspension. 3. Sri Anshuman Kumar, the learned counsel appearing for the respondent State submits that now a charge memo dated 04.09.2017 has been served upon the petitioner. 4. Whether the petitioner was served an order or directed to calculate the amount payable to the applicants in W.P.(S) No. 1447 of 2013 or not, is a question of fact which shall be decided in the pending departmental enquiry. 4. Whether the petitioner was served an order or directed to calculate the amount payable to the applicants in W.P.(S) No. 1447 of 2013 or not, is a question of fact which shall be decided in the pending departmental enquiry. In view of initiation of the departmental proceeding against the petitioner and order dated 08.06.2017 passed in the case of Smt. Mukti Rani Singh, a direction is issued to the District Education Officer, Chatra to ensure that the departmental proceeding initiated against the petitioner stands terminated within next three months, failing which the order of suspension dated 08.06.2017 shall stand revoked, automatically. 5. Writ petition stands disposed of.