IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.7356 OF 2008 SAKALDEO TIWARI, SON OF BRAJBHUSHAN TIWARI, RESIDENT OF VILALGE BHIKANPUR, POLICE STATION CHANDAUTI, DISTRICT GAYA..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, GAYA 3. THE SUB DIVISIONAL OFFICER, SADAR GAYA, GAYA 4. THE ANCHALADHIKARI, DISTRICT GAYA ……………………………………………………………………………….RESPONDENTS ********* FOR THE PETITIONER :- MR. SHARDA NAND MISHRA, ADVOCATE MR. DHANANJAY KR. GUPTA, ADVOCATE MR. DEEPAK KUMAR, ADVOCATE MR. HARISH PATEL, ADVOCATE FOR THE S T A T E :- MR. JAY PRAKASH SHARMA, AC TO GP 11 ********** 2 11/05/2011 Heard Counsel for the parties. The petitioner was found guilty of being absent for three days. An enquiry was conducted vide Annexure- 5 and after looking into the show cause, the Enquiry Officer has accepted the show cause. Counsel for the petitioner refers to Annexure-3, which is the show cause filed on behalf of the petitioner in which he has stated that he got a chill when he was on duty on 18.01.2003. Since, he was posted all by himself, he could not give information to any other person and he left his post due to his illness. The Enquiry Officer having accepted the show cause did not recommend any punishment or for that matter, did not find the petitioner guilty of deliberately avoiding duty. The Disciplinary Authority without issuing 2 a second show cause notice awarded the punishment of stoppage of three increments with cumulative effect. This is a minor punishment, however, once the Enquiry Officer had not found the petitioner guilty, it was the duty of the Disciplinary Authority i.e. the District Magistrate, Gaya to issue a show cause, if, he intended to disagree with the finding and order of the Enquiry Officer. Having not done so, the order impugned dated 02.01.2006 passed by the District Magistrate, Gaya cannot be said to be in accordance with law. I accordingly quash Annexure-6 for the reasons aforesaid. I may point out that it would be a waste of time and would serve no useful purpose if this Court remands the matter back to the District Magistrate, Gaya in view of the fact that the punishment awarded to the petitioner in any event although minor, does not commensurate with the said allegations. In the result, this writ application is allowed. Anand ( Sheema Ali Khan, J. )