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2023 DIGILAW 514 (PAT)

Savita Kumari v. State of Bihar

2023-04-20

ANIL KUMAR SINHA

body2023
ORDER The petitioner has preferred the present writ application challenging the impugned order of suspension dated 31.08.2019 (Annexure-8 to the writ petition) passed by the District Programme Officer (Establishment), Samastipur whereby the petitioner has been put under suspension from the post of “Assistant Teacher” on a complaint made by one unknown person that her training institute has been derecognized. The petitioner has also challenged Annexure-9 i.e. the charge memo for initiating departmental proceeding against the petitioner. Salary for the suspension period has also been prayed by her. 2. The petitioner was admitted in the Basic Teachers’ Training Course at Ranchi in the Session 1982-84 and completed her training in 1984 itself. Thereafter Certificate was granted to the petitioner in 1985 which is at Annexure-3 to the writ application. The dispute is that the institute from where the petitioner has completed her Matric training got derecognized in the year 1986. 3. Learned counsel for the petitioner submits that on a query made by the petitioner under R.T.I. the Bihar School Examination Board (for short “BSEB”) has informed that the Certificate issued by the BSEB regarding completion of training in the Session 1982-84 is valid. He also submits that the petitioner is being harassed at the hands of the respondents-authorities on the ground that the institute in question was derecognized with effect from 1986. He relies upon a judgment of the Hon’ble Supreme Court reported in AIR 1987 SC 2027 (Suresh Pal & Ors. vs. State of Haryana & Ors.) in which the Hon’ble Supreme Court has held that at the time of joining the course the institute was recognized and it is unjust to tell the petitioners that the course has been derecognized subsequently and Certificates obtained by them would be futile. 4. On the other hand, learned counsel for the State submits that suspension of the petitioner has been revoked. The departmental proceeding was initiated against the petitioner on 04.10.2019 and the same is still pending however the District Programme Officer (Establishment), Samastipur has sought a clarification from the Director (Primary Education), Bihar, Patna regarding recognition of the institute in question but no such guideline has been given by the Director, Primary Education, Bihar, Patna in this regard as of today. 5. I have heard learned counsel for the parties and have gone through the material on record. 5. I have heard learned counsel for the parties and have gone through the material on record. It transpires that the petitioner has completed her training from the institute in the Session 1982-84 and the BSEB has issued the Certificate. In a query made by the petitioner regarding the validity of the Certificate for the Session 1982-84, the BSEB has confirmed that the institute was validly recognized during the aforesaid period and the Certificate issued thereof is also valid. The departmental proceeding against the petitioner is pending for a long time i.e. for about four years. 6. In view of the fact that departmental proceeding is pending for a long period, I dispose this writ application with direction to the respondents-authorities to conclude the departmental proceeding positively within a period of six months from the date of receipt / production of a copy of this order. 7. It is made clear that if departmental proceeding is not concluded within the aforesaid period, the same would be deemed to have lapsed.