Disciplinary authorities must adhere to principles of natural justice, providing proper notice and opportunity for representation before imposing sanctions against employees.

ORAL JUDGMENT

Date : 28-06-2024

1. The petitioner has filed the present writ application challenging the order of punishment bearing Memo No. 5832, dated 20.10.2016 (Annexure 9), passed by the Director SC/ST, Welfare Department, whereby the punishment of censure in a department inquiry, has been imposed and further that the petitioner would not be entitled for any payment except the subsistence allowance during the period of suspension. The petitioner has prayed for consequential relief for quashing the appellate order bearing Memo No. 824, dated 29.03.2017 (Annexure 10), passed by the Appellate Authority affirming the order of punishment. The petitioner has further prayed for a direction upon the respondent to pay the petitioner’s salary for the period 04.07.2015 to 17.12.2015.

2. Brief facts of the case, as per the statement made in the writ petition that the petitioner was appointed as Assistant Teacher in physical education in the year 1994 and was posted in Government Residential High School, Sugaon, East Champaran. In the year 2007, the service of the petitioner was brought under Schedule Caste/Schedule Tribe Welfare Department and in the year 2011 the petitioner was posted at Government Ambedkar Residential High School, Ramnagar, Madhubani. On 23.06.2015, a student, residing in the hostel of the school, namely Sumant Kumar Saday of Class 7, had gone for private tuition at a distance of one and a half kilometers away from the school. Unfortunately, at about 3:45 p.m., he met with a road accident and on 24.06.2015, he died at Patna medical College hospital (PMCH). On 25.06.2015, in the morning, at about 11:30 a.m., some students entered into the Chamber of District Welfare Officer, ransacked the office and assaulted the District Welfare Officer causing injury to him.

3. The District Welfare Officer lodged a complaint/FIR, disclosing the name of some students who had attacked him along with the name of the petitioner who was entrusted for discharging the duty of the Incharge/Headmaster of the school alleging that the petitioner was involved in the said occurrence.

4. Vide Memo No. 06 dated 04.07.2015, the petitioner was put under suspension by the Collector, Madhubani, and vide order bearing Memo No. 2553, dated 18.12.2015, the suspension of the petitioner was revoked.

5. The Sub Divisional Police Officer and Additional Superintendent of Police, in their supervision note, mentioned that the charge of involvement of the petitioner in the occurrence of assault of District Welfare Officer is not correct.

6. The Deputy Director, vide Memo No. 469, dated 10.09.2015, served a memo of charge under Form 'K' upon the petitioner. Three charges were levelled against the petitioner having Charge No. 1 that one student, namely Sumant Kumar Saday, of Class 7 had gone about one and a half kilometers away from the school and met with an accident and subsequently, died in PMCH during treatment. The students of the school ransacked the office of Welfare Officer, Madhubani. The student left the school without permission which shows that the petitioner instigated the students to commit vandalism in the office of the Welfare Officer causing pecuniary loss to the government. This shows the involvement of the petitioner. Charge No. 2 is that one student died after having tuition shows that student goes outside the school without permission and information, in this regard, was not given to the District Welfare Officer