IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5044 of 2009 MANOJ KUMAR YADAV Versus THE STATE OF BIHAR & ORS ----------- 2. 21.04.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner has been dismissed from service holding the post of Panchayat Teacher on allegations of negligence in discharge of duties, indiscipline etc. The submission on his behalf from the order of termination itself at Annexure 2 is that a major punishment of dismissal has been imposed without a departmental enquiry and finding of guilt. Specific pleading has been made to this effect in Para 12 of the pleadings. No major punishment of dismissal on allegation of negligence or indiscipline in discharge of official duties can be passed without holding departmental enquiry, after service of chargesheet, full opportunity to the delinquent to defend himself. On that ground only the order of punishment dated 30.3.2009 is not sustainable. It is accordingly set aside. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)