Dinesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2290 of 2020 ====================================================== Dinesh Paswan, aged about 30 years, Male, Son of late Ram Das Paswan, Resident of Village Siura, P.S. Patori, District Samastipur, presently posted as Music Teacher at High School Mishrauliya, Bhibhutipur, Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Secondary Education, Govt. of Bihar, Patna.

2.

Principal Secretary, Secondary Education, Govt. of Bihar, Patna. 3.

District Education Officer, Samastipur.

4.

Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Samastipur.

5.

District Magistrate, Samastipur.

6.

District Program Officer, (Establishment), Secondary Education and Literacy, Samastipur.

7.

Sub Divisional Officer, Sahpur Patori, Samastipur. 8.

In- Charge Head Master, Project Girls High School, Chaksalem, Samastipur. 9.

Head Master, High School, Mishraulia, Bhibhutipur, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjai Kumar Singh For the Respondent/s :

Mr.Madanjeet Kumar ( Gp20 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2020 Heard both sides.

The petitioner in this writ petition seeks quashing of Annexure-5, the letter issued by the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Samastipur by which the petitioner has been transferred from Pariyojna Balika Uchch Vidyalaya Chaksalem Patori to Uchch Vidyalaya Mishraulia, Bibhutipur.

Learned counsel for the petitioner submits that the

Patna High Court CWJC No.2290 of 2020(2) dt.05-02-2020 2/2 order says that there was a preliminary enquiry with regard to the allegations made against the petitioner, on the basis of the report submitted by the Incharge Headmaster of the school. The Headmaster reported that the petitioner is putting hindrance in smooth administration of the school on such the Deputy Development Commissioner without asking any show cause from the petitioner transferred the petitioner. It is also submitted that the petitioner and the students of the school also filed complaint against the Headmaster of the school before the authority. It is further submitted that the petitioner is made victim and the order suffers from biasness but it appears from the order itself that a preliminary enquiry was held. The allegation against the petitioner was found true and on administrative ground, the petitioner has been transferred from one school to another.

Having considered the facts, I do not find any merit in this writ petition. Accordingly, the writ petition is dismissed. (Prabhat Kumar Jha, J) S.KUMAR/- U