IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14312 of 2009 KOMAL MISHRA Versus THE STATE OF BIHAR & ORS For the Petitioner : Mr. Deepak Kumar Sinha For the Respondents: Mr. Ravi Verma, AC to G.P. 15 ----------- 2/ 12/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. Assailing the order of punishment dated 21.4.2009, learned counsel submits that after submission of the enquiry report in a departmental proceeding, no copy of the enquiry report was furnished along with the second show cause notice in respect of the same. Learned counsel for the State urges that only minor punishment has been imposed. It is countered by the submission that he has also been transferred as a measure of punishment and that nothing beyond subsistence allowance was payable. Considering the specific pleading in paragraph 44 of the writ petition and absence of any recital in the impugned order of punishment dated 21.4.2009 that second show cause was given with an opportunity to reply and consideration of the same, it is not sustainable. The order dated 21.4.2009 is set aside and the matter is remanded to the disciplinary authority to proceed afresh from the stage of submission of the enquiry report and pass final appropriate order in accordance with law within a maximum period of three months from the date of receipt and/or production of a copy of this order before him. The writ application stands allowed to the extent indicated above. AKS/ ( Navin Sinha, J.)