IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1798 of 1999 In the matter of an application under Article 226 of the constitution of India SHASHI BHUSHAN SINGH SON OF VEER VIKRAM BHUPENDRA NARAYAN SINGH, R/O- VILLAGE – CHAUGAIN, P.S. – MURAR, DISTRICT – BUXAR Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF BIHAR, SICHAI BHAWAN, PATNA 3. THE DEPUTY SECRETARY, WATER RESOURCES, GOVERNMENT OF BIHAR, SICHAI BHAWAN, PATNA. 4. THE UNDER SECRETARY, WATER RESOURCES, GOVERNMENT OF BIHAR, SICHAI BHAWAN, PATNA P R E S E N T THE HON'BLE MR. JUSTICE SHAILESH KUMAR SINHA SHAILESH KUMAR SINHA,J Heard the parties. Petitioner, an Assistant Engineer at the material time in the Department of Irrigation, Government of Bihar challenges the order of his termination vide Memo no. 2481 dated 02.09.1998 as contained in Annexure-13. The contention of the petitioner is that the aforesaid order was passed as a measure of punishment on certain misconducts. However, the misconduct on which the petitioner has been punished, was alleged to - 2 - have been proved in the departmental enquiry without any evidence in support of such charges. It is further submitted that the Inquiry Officer found the alleged charges of misbehaviour with the Executive Engineer proved merely relying on letter written by the then Executive Engineer long ago, complaining about the misbehaviour of the petitioner. According to the petitioner, the Inquiry Officer did not appreciate that there is absolutely no material to substantiate the charge. On such enquiry report, the Disciplinary Authority has passed the impunged order imposing the punishment of termination of the petitioner from the service. Accordingly, it has been prayed that the impunged order of punishment deserves to be quashed. Learned counsel appearing on behalf of the State opposes the prayer and submits that the petitioner has raised serious disputed question of fact and as such, the petitioner ought to have availed the statutory remedy of appeal before Governor of Bihar is provided under Rule 57 of the Civil Services, (Classification Control and Appeal) Rules, 1930. Learned counsel for the petitioner submits that he had filed a statutory appeal before the Governor of Bihar but the same is not disposed of till date. He further submits that he may be permitted to pursue the - 3 - appeal and he may also be permitted to file supplementary grounds of appeal in support of his original appeal. In view of the nature of dispute, the petitioner is permitted to file the comprehensive appeal within a period of four weeks upon receipt of the certified copy of the present order before the Governor of Bihar under the aforesaid rule in the capacity of the appellate authority. It is expected that the appellate authority shall dispose of the appeal preferably within a period of four months on receipt of such supplementary comprehensive appeal on merits, in accordance with law. The writ application is disposed of, with the above observation/directions. The Patna High Court The 9th day of January 2009 Jagdish/N.A.F.R (Shailesh Kumar Sinha,J)