Abdul Karim vs State of Bihar and Others

Narayan Roy, J.—Heard learned Counsel for the Petitioner and Farooque Moazzam, learned Counsel for the Madarsa Board, Respondent No. 4.

The grievance of the Petitioner by this writ application is that he has been put under suspension with effect from 31.10.1999 vide order as contained 1 Annexure-6 and till date enquiry report has not been submitted nor the Petitioner is getting subsistence allowance.

It appears that a student of the school complained against this Petitioner to Head Maulvi of the school about corn mission of unnatural offence by the Petitioner pursuant to which the Petitioner was put under suspension pending enquiry. The matter was also referred to Bihar State Madarsa Education Board (in short, "the Madarsa Board") and the Madarsa Board directed for constituting a committee to enquire into the matter.

Learned Counsel for the Petitioner submits that even though more than two years have passed, the enquiry report hat not been submitted by the Committee and this fact would be evident from the contents of the counter affidavit filed on behalf of Madarsa Board as well. It is further submitted by learned Counsel that till date subsistence allowance has not been paid to him. Mr. Farooque Moazzam appearing on behalf of the Madarsa Board, however, submitted that Board has already directed the school in question to expedite the enquiry and submit a report to it. Annexure A to the counter affidavit is a direction to the school to submit enquiry report. It is submitted at the Bar that till date enquiry report has not been submitted. The fact that the Petitioner is under suspension with effect from 31.10.1999 is not in dispute.

Considering the length of period of suspension of the Petitioner, in my opinion, departmental enquiry could have been concluded by now. Mr. Farooque Moazzam, learned Counsel for the Board, however, submitted that the enquiry shall be made and it shall be concluded preferably within six weeks from today.

Considering the facts and circumstances of the case, authorities are directed to conclude the departmental enquiry pending against the Petitioner within a period of two months from today and in case the departmental enquiry is not concluded within the aforesaid period, the order of suspension passed against the Petitioner shall stand revoked. It is needless to say that after revocation of the order of suspension, the Petitioner will be entitled for subsistence allowance and other benefits in accordance with law.

With the aforesaid direction and observation, this application is disposed of.