This petition under Article 226 of the Constitution is filed by a delinquent teacher, the Headmistress of Primary School, Bhawanipur, against the order of punishment dated 24th November 2001 made by the District Superintendent of Education, Nalanda.

2. The petitioner challenged the order of punishment on the ground that the same was made in violation of the principles of natural justice and the provisions contained in the Bihar State Nationalized Elementary School Teacher (Transfer and Disciplinary Proceeding) Rules, 1994 (hereinafter referred to as ‘the Rules of 1994’).

3. In support of the petition, the petitioner has relied upon the judgment of this Court (Coram: Justice J.N. Singh) dated 30th April 2010 passed in CWJC No. 5200 of 2002 (Ashok Kumar @ Ashok Kr. Sinha Vs. The State of Bihar & Ors.). The learned single Judge has, having a contrary opinion, referred this petition to the Division Bench under order dated 30th July 2010. Accordingly, the matter has been notified before us.

4. It appears that at the time of inspection on 23rd March 2001 the petitioner was found absent from service and had not opened the school at all. For the said act of dereliction in duty, under ord