High CourtsDivision Bench(1993) 11 PAT CK 0007

Krishnadeo Singh vs The State of Bihar and Others

Patna High Court · Decided on 10 November 1993

HON’BLE JUDGES
G.S. Sharma, J · G.C. Bharuka, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Jurisdiction Case No. 2287 of 1993

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Judgment

6 paragraphs · 239 words

G.C. Bharuka, J.—In this writ application, the Petitioner, who is an assistant teacher in elementary school, Choupar, in the district of Muzaffarpur, has assailed the order dated 15-7-1992 (Annexure 1) passed by the District Superintendent of Education, Muzaffarpur, by which he has been put under suspension on the ground that he is an accused in a criminal case u/s 302 I.P.C. The order of suspension has been made effective from the date he was taken into custody. The impugned order has been sought to be challenged by the Petitioner on the ground that the Petitioner has been falsely implicated in the criminal case and merely on the ground of pendency of such a case, the Petitioner can not be put under suspension even under Rule 100 of the Bihar Service Code.

2.

I do not feel inclined to interfere with the impugned order because the assistant teacher in an elementary school is required to teach students of tender age and if a person involved in a serious criminal case is allowed to act as a teacher, it is bound to adversely affect the healthy atmosphere in educational environment since it will carry a very damaging impression on such students, who, in normal course, take their teacher as an ideal citizen.

3.

The impugned order neither suffers from any jurisdictional error nor any wrong exercise of discretion.

4.

The writ application is, accordingly, dismissed.

Gurusharan Sharma, J.

5.

I agree.