IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.7754 of 2009 Gupteshwar Mishra Versus The State Of Bihar & Ors ------- 2. 04.08.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner is aggrieved by the order dated 1.12.2007 dismissing him from service on grounds of alleged unauthorized absence. He submitted that he had a defence of his illness, without considering which in accordance with law and holding a regular departmental proceeding, he has been visited with a major punishment. The respondents have filed a counter affidavit and taken one of the stands that the petitioner has been dismissed under Article 311(2)(b) of the Constitution by dispensing with the enquiry. The power is serious. Repeated judicial pronouncements, reference of one may be made to 2006(13) SCC 581, have held that there must be relevant, cogent and germane reasons for dispensing with the enquiry. No such ground emanates from the counter affidavit. At this stage Counsel for the State points out that the appeal of the petitioner as mentioned in Para 19 is still pending. Let the appeal of the petitioner be disposed off by the appellate authority without taking into consideration the stand of the respondents under Article 311 (2) (b) of the Constitution of India. Let the order be complied with within a maximum period of eight weeks from the date of receipt and/or presentation of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)