MOHIT KUMAR SHAH, J.:–The present writ petition has been filed for quashing the order dated 28.02.2020 passed by the Director, Secondary Education, Department of Education, Government of Bihar, Patna, whereby and whereunder punishment has been inflicted upon the petitioner and he has been reverted to the lowest time scale salary with effect from the date of issuance of the order. The petitioner has further prayed for quashing of the appellate order dated 01.09.2020, passed by the Additional Chief Secretary-cum-Appellate Authority, Department of Education, Government of Bihar, Patna, whereby and whereunder the appeal preferred by the petitioner has been dismissed. The petitioner has also prayed for quashing of the enquiry report dated 29.11.2019 as also for directing the respondents to pay his salary from August, 2019 to February, 2020 i.e. for the period of suspension, for which the petitioner has not even been paid the subsistence allowance.

2. The brief facts of the case according to the petitioner are that one Priyaranjan Kumar (Assistant Teacher), Project Girls High School, Dumariya Bujurg, Khagaria, was transferred by the Regional Deputy Director of Education, Munger on 29.06.2018 to the school where the petitioner was posted as In- Charge Headmaster. The said transfer order was illegal inasmuch as the same was issued without verifying the sanctioned strength of the petitioner’s school i.e. Shovani Chandpura, Inter School, Jalkoidha, Khagaria. The petitioner had then approached the Director, Secondary Education, seeking guidance regarding accommodating and adjusting the aforesaid Priyaranjan Kumar inasmuch as the said incumbent had been transferred vide transfer order dated 29.06.2018, beyond the sanctioned strength of the school, however, the Director, Secondary Education, considered the said act of the petitioner of directly communicating with him to be an indication of indiscipline, hence a show cause notice dated 26.10.2018 was issued to the petitioner. The petitioner had then offered an apology, however, subsequently the petitioner was put under suspension vide order dated 22.08.2019 and on the same day a charge sheet was also issued to the petitioner alleging therein that the petitioner had accepted the joining of one Priyaranjan Kumar on 07.07.2018 and only on 04.09.2018, he had sought guidance from the Director, Secondary Education regarding adjustment of Priyaranjan Kumar, after making payment of salary to him, hence the petitioner had engaged in misconduct. It was also alleged that though there was no vacant post of Assistant Teacher in the school in question, the petitioner had not only adjusted the said Priyaranjan Kumar but had also helped him by illegally releasing his salary and only after a long time, vide letter dated 04.09.2018, the petitioner had informed about non-availability of vacant post of teacher in the said school as also had sought guidance as to on what post the said Priyaranjan Kumar should be adjusted, thus the same shows carelessness and arbitrariness on the part of the petitioner as also amounts to the petitioner having engaged in financial irregularity. The petitioner had then submitted his reply dated 14.10.2019 stating therein that he had only complied with the order dated 29.06.2018, passed by the Regional Deputy Director of Education, Munger, made pursuant to the recommendation of the Divisional Establishment Committee and moreover, since it was clearly mentioned in the said transfer order that the transfer was being made against a vacant post, the petitioner had no occasion to doubt the correctness of the said order dated 29.06.2018, however, only when the petitioner had visited the office of Regional Deputy Director of Education, Munger and obtained a list of the sanctioned posts of the schools of the District, he came to know about the sanctioned strength of his school and regarding non-availability of vacant post for accommodating the said Priyaranjan Kumar, thus he had sought guid