The petitioner has preferred the instant writ petition challenging the office order as contained in Memo no. 316 dated 2.4.2008 issued under the signature of District Superintendent of Education, Singbhum East at Jamshedpur by which he has been dismissed from service.

2. The brief facts of the case as has been pleaded by the writ petitioner is that the petitioner had joined his service on 7.3.1983 as a B.Sc. Trained Science Teacher and after being posted from one place to another he was transferred and posted to Balak Middle School, Jugsalai, Jamshedpur on 19.9.2001.

After transfer of the headmistress of the said school the petitioner has been made acting headmaster of the said school with effect from 26.7.2006. The petitioner has been served with a letter no. 909 dated 9.7.2007 issued by the Executive Magistrate, Dhalbhum, Jamshedpur, informing him that one lady assistant teacher of the said school had lodged a complaint against him for using unparliamentary language (Annexure-1) and as such, the petitioner was directed to appear on 13.7.2007 in the office of Executive Magistrate. Accordingly, the petitioner had appeared before the Executive Magistrate on the date fixed. The