IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.155 of 2010 MAHENDRA PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2 18.5.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order removing him from the post of constable on the ground that no show cause notice was issued to him before termination order was issued on 27.9.2007. The ground for removal of the petitioner from service is that he is said to have concealed the fact that he was involved in a criminal case at the time of his appointment. It is not disputed that the appointment of the petitioner was made subject to character verification. It is also not disputed that the petitioner is accused in Sahpur Ps case No. 90/1999. Counsel for the petitioner submits that the petitioner ought to have been given a show cause notice before order of termination was issued. Natural justice is now part of all procedures and is to be followed by all the authorities while passing any order, specially if they are adverse to the incumbent concerned. However, this court cannot help but distinguish between the disciplinary proceeding initiated in pursuance of Article 311 of the Constitution and an order of termination passed on the ground that the form filled by the petitioner seeking appointment suppressed certain aspects of his qualification etc. In cases which come within the later category, it is not required that the disciplinary proceeding should be instituted 2 against the person concerned. However, the person has certainly a right to be given an opportunity to show cause. The petitioner had filed an appeal against the order of termination which has been rejected by order, dated 23.1.2009 making a reference to rule 824 of the Police Manual. Against the order passed by the Dy. I.G., Military Police, the petitioner has moved the Director General cum Inspector General of Police, Bihar, Patna vide Annexure 4. The Director General of Police, Bihar, Patna is directed to dispose of the representation of the petitioner, within three months from the date of receipt / production of a copy of this order, keeping in view the assertions made in the petition along with the relevant rules for proceeding in the matter, such as, the present one. This writ petition is disposed of with the aforesaid observation. haque (Sheema Ali Khan, J.)