Judgment

DUA, J. :- This appeal is by special leave and is directed against the order of the High Court of Judicature at Patna dated September 3, 1965 dismissing the appellant s writ petition.

2. The appellant, a teacher of Araria Higher Secondary School was dismissed from service by the Managing Committee of the said school at a meeting held on February 27, 1958 on a charge of misappropriation of school money. On appeal by him the President of the Board of Secondary Education, set aside the order of dismissal by order dated April 22, 1960 and directed his reinstatement in service. By the same order of reinstatement a further direction was given that the appellant should be paid full salary, dearness allowance and increment from the date of his suspension till the date of reinstatement after adjusting the amount already paid. When this order was received by the Managing Committee it was obeyed so far as the reinstatement of the appellant is concerned but the Managing Committee requested the President of the Board of Secondary Education "to review the whole matter specially with regard to the payments for the period of suspension". The President by his order dated February 25, 1961, r