Anil Kumar Sinha, J. – Initially the petitioner filed the present writ application for quashing the order of suspension dated 10.04.2014 bearing Memo No. 1295 and for quashing the memo of charge dated 02.04.2014, however, during pendency of this writ application the petitioner was awarded punishment in the departmental proceeding and the order of punishment dated 30.06.2015 and the order passed by the appellate authority dated 01.03.2016 have also been challenged by the petitioner by way of I.A. No. 7675 of 2016.

2. Brief facts of the case is that the petitioner was working as an Assistant Teacher in Gandhi Smarak Uchch Vidyalaya, Bhore, Gopalganj. On 31.07.2011 the regular Headmaster of the School retired and the petitioner being the senior most teacher of the School was given the charge of the Headmaster on 31.07.2011, and thereafter, he started discharging his duties as In-charge Headmaster.

3. In the meanwhile, one Assistant Teacher of the same school namely, Krishna Prasad Kushwaha was promoted on the post of Headmaster on 21.08.2012 and was posted at Raj Narayan Smarak Pariyojna Balika Uchch Vidyalaya, Bhore, Gopalganj. Later on, by an order issued under the signature of Director, Secondary Education dated 12.12.2012 the transfer order of the promoted Headmaster was modified and he was directed to take charge of the Headmaster of the same School where the petitioner was working as Incharge Headmaster.

4. The petitioner filed a representation dated 19.12.2012 to the authorities concerned impressing upon them that the petitioner is the senior most teacher working in the School and was given the post of In-charge Headmaster, as such, the promoted Headmaster may be shifted to some other School, however, the representation filed by the petitioner did not find favour with the authority and the petitioner became ready to hand over charge in favour of the promoted Headmaster but he refused to take charge from the petitioner. Information to this effect was sent by the petitioner to the superior authorities i.e. on 20.07.2013 to the District Education Officer, Gopalganj and on 24.07.2013 to the Regional Deputy Director of Education, Saran Division, Chapra.

5. The petitioner was suspended on 10.04.2014 in contemplation of departmental proceeding and memo of charge dated 02.04.2014 served upon him. Suspension as well as initiation of departmental proceeding against the petitioner is based mainly upon the charge that the petitioner did not hand over the charge of Headmaster to Krishna Prasad Kushwaha and hence created hindrance in the functioning of the school and further complete charge including financial registers, attendance registers and other registers were not handed over by the petitioner in favour of the promoted Headmaster. Basically, charge against the petitioner was of insubordination.

6. Mr. Rajeev Kumar Singh, learned counsel for the petitioner argued that the memo of charge does not contain list of witnesses as required under Rule 17 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005. In support of his argument he relies upon a judgment of this Court reported in 2024(1) BLJ 352 Sudheshwar Sah vs. State of Bihar & Ors. especially paragraph no. 28 and paragraph nos. 4, 6, 7, 8, 9 & 10 of Division Bench judgment of this Court reported in 2024(1) BLJ 486 Nageshwar Sharma vs The State of Bihar to bring home the point that as per Rule 17 of the Bihar CCA Rules the memo of charge must contain the list of witnesses.

7. According to the petitioner no oral enquiry was conducted, no date was fixed by the Enquiry Officer and no document was exhibited or produced by the Presenting Officer during the course of enquiry. In fact, no date of hearing was fixed by the Enquiry Officer. The Presenting Officer did not produce any evidence in support of the charges. The enquiry report is cryptic in nature and was submitted in violation of the established procedures for holding departmental proceeding and the rules pres