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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA, J.
Rameshwar Paswan Son of Late Yogendra Paswan – Appellant
Versus
The State Of Bihar – Respondent
Civil Writ Jurisdiction Case No.3042 of 2018
Decided on : 29-05-2023
Departmental Enquiry - Bihar State School Education Committee Act, 2000 - Section 3 - Summary of Acts and Sections: The court discussed the violation of the Bihar State School Education Committee Act, 2000, specifically Section 3, which outlines the responsibilities of the School Education Committee in supervising the function of the Government Primary School, including the arrangement for mid-day meals and the approval and sanction of expenditure. The court highlighted the importance of following the prescribed procedures and principles of natural justice in conducting departmental enquiries.
Fact of the Case:
The petitioner, an Assistant Teacher, filed a writ application to quash the order of punishment, which withheld three increments and non-payment of any amount during suspension, and to refund the defalcated amount. The petitioner was accused of irregularities in the distribution of mid-day meals during their tenure as Incharge Headmaster.
Finding of the Court:
The court found that the departmental enquiry was conducted in gross violation of established procedure and principles of natural justice. The memo of charges did not contain a list of documents/evidence, and the orders of punishment based on the invalid enquiry were quashed. The court also quashed the consequential order of appeal.
Issues: Violation of established procedure and principles of natural justice in the departmental enquiry, lack of evidence and witnesses produced by the Presenting Officer, and failure to provide the petitioner with a list of documents and evidence as required under the CCA Rules, 2005.
Ratio Decidendi: The court held that the departmental enquiry was vitiated due to the failure to follow established procedure and principles of natural justice. The Enquiry Officer assumed the role of presenting officer, conducted spot verification, and collected evidence behind the back of the petitioner, which was a gross infringement of the procedure for conducting domestic enquiry.
Final Decision: The court quashed the orders of punishment, the memo of charges, and the consequential order of appeal. The petitioner was entitled to be paid all consequential benefits, including monetary benefits and a refund of the deducted amount. The respondents were advised to hold a fresh enquiry in accordance with the law.
JUDGMENT :
The petitioner, who was appointed as Assistant teacher and posted in Primary School, Dhanawa, at the relevant point of time on 01.09.2009 and was serving as Incharge Headmaster of the said School and also had the responsibility of mid-day meal, has filed the present writ application for quashing the order of punishment, as contained in memo no. 4512, dated 12.06.2017 (Annexure 18), by which three increments of the petitioner with cumulative effect has been withheld with further punishment of non-payment of any amount during the period of suspension, except the subsistence allowance and also to realize the defalcated amount from the petitioner.
2. Consequential prayer is for quashing memo no. 1492, dated 04.12.2017, (Annexure 19) by which the Appellate Authority has dismissed the departmental appeal filed by the petitioner.
3. During the pendency of this writ application, a sum of Rs. 1,17,384, towards the defalcated amount has been recovered from the monthly salary of the petitioner, starting from June, 2022, which the petitioner has challenged by way of filing I. A. No. 01 of 2022. The petitioner has also prayed for refund of the said amount.
4. Considering the nature of prayer made in I. A. No. 01 of 2022, the same is allowed and the prayer made in the interlocutory application is made part of this writ application.
5. The brief facts, giving rise to the present writ application, is that the petitioner was appointed as an Assistant Teacher on 02.03.2000 and was posted in the Primary School, Dhanawa, where he joined on 01.09.2001, after completion of training.
6. Since the petitioner was the sole teacher in the school, he was also discharging the duties of the Headmaster of that school and was responsible for providing mid-day meal as well.
7. As per Section 3 of the Bihar State School Education Committee Act, 2000, there is a School Education Committee for supervising the function of the Government Primary School, which should arrange for the mid-day meal and take necessary steps for providing food grains and distribution of food and supervision thereof. Prior to withdrawal of any amount for the purchase of food grains and the expenditure, the same is to placed before the School Education Committee for its approval and sanction.
8. According to the petitioner, he used to submit the monthly report of the expenditure, giving the details of the number of students and the expenditure incurred in the mid-day meal to the Block Resource Person as well as the School Education Committee for the relevant period, i.e. from 2005 to 2007 (during which he was in-charge), and the same was duly approved by the School Education Committee.
9. The petitioner was transferred from Primary School, Dhanawa, to Hinduni Primary School, Phulwarisharif, where he joined on 18.07.2007 and handed over his charge to his successor, namely, Umesh Kumar, on 11.07.2007. The documents and amount spent on mid-day meal (Vouchers and cash books) were also handed over to the said successor of the petitioner, Umesh Kumar, along with the mid-day meal register.
10. The petitioner received letter no.104, dated 25.01.2016, issued by the respondent no. 7-the District Programme Officer (Mid-day Meal), informing that a complaint has been filed by one Smt. Sheorati Devi with regard to the irregularities committed during the distribution of mid-day meal and the petitioner was directed to appear before him with all the relevant original documents. Apart from the petitioner, three other persons were also directed to appear and all the four persons appeared before the District Programme Officer (Mid-Day Meal) on 09.02.2016, and filed their show cause.
11. The District Programme Officer (Mid-Day Meal) directed the petitioner to submit the document of withdrawal of the amount and its utility certificate along with all documents within a week, and in pursuance thereof, the petitioner, by letter, dated 13.05.2016, communicated to the District Programme Officer (Mid-Day Meal) that
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