ORDER :

1. Learned counsel for the petitioner prays for and is permitted to make necessary correction in paragraph no.5 of the writ petition regarding the petitioner’s date of joining in service.

2. The present writ petition has been filed for quashing the part of the order dated 12th November, 2003 as contained in memo no.10-53/02-2733 passed by the District Superintendent of Education, Dhanbad- respondent no.3, whereby the petitioner’s four annual increments have been withheld with cumulative effect and he has been transferred and posted in Government Middle School, Maniadih Circle, Tundi-1. Further prayer has been made for issuance of direction upon the respondents to allow the petitioner to discharge his duty as Headmaster In-charge in Government Middle School, Kotaladda, Topchanchi-2.

3. The factual matrix of the case, as stated in the writ petition, is that the petitioner joined his service on 17th November, 1973 as Science Teacher. He assumed the charge of headmaster with effect from 30th September, 1997 in pursuance of the direction of the respondent no.3 after superannuation of the earlier headmaster of Government Middle School, Kotaladda, Topchanchi-2, District Dhanbad. During the said period one peon, namely, Ashutosh Modak was also serving in the said school and discharging his official duty. The petitioner used to send absentee statement of teachers as well as non-teaching staff including that of Ashutosh Modak. According to the petitioner, since the service book of Ashutosh Modak was not available with him, he could not know the exact date of superannuation and as such he used to send the absentee statement even after his date of superannuation under the impression that the actual date of retirement of Ashutosh Modak was 60 years. An explanation was called from the petitioner and other persons in respect of disbursement of salary to Ashutosh Modak despite having attained the age of superannuation. The petitioner was also put under suspension vide memo no.1133 dated 16th July, 2002. Thereafter, he was served with memo of charge on 16th April, 2003 alleging that excess salary was paid to Ashutosh Modak even after attaining the age of superannuation i.e. 58 years due to his fault. The Area Education Officer, Dhanbad was appointed as enquiry officer and the Block Education Extension Officer, Dhanbad was appointed as departmental officer and the petitioner was directed to submit his explanation within 15 days in the departmental proceeding. The petitioner, accordingly, submitted his reply to the memo of charge on 20th May, 2003, denying all the allegations, however, the Enquiry Officer concluded the enquiry ex. parte. Thereafter, the order of punishment dated 12th November, 2003 was passed by the District Sukperintendent of Education, Dhanbad against the petitioner withholding of four annual increments with cumulative effect and he was also transferred to Government Middle School, Maniadih Circle, Tundi-1.

4. Learned counsel for the petitioner submits that the petitioner denied the allegations levelled in the memo of charge contending that the service book of the concerned peon- Ashutosh Modak was neither available in the office nor was produced on being demanded by him. It is further stated that the enquiry was concluded without affording any opportunity of hearing to the petitioner. However, after passing of the impugned order dated 12th November, 2003, the petitioner made a detailed representation before the respondent no.2, requesting inter alia to recall the said order, but no action was taken on the same. Learned counsel for the petitioner further submits that the impugned order is liable to be set aside on the ground that no opportunity of hearing was provided to the petitioner before passing the order of punishment and as such, the same is violative of principles of natural justice. Since the petitioner was not afforded any opportunity of hearing in the enquiry, true facts could not be brought on record, such as n