IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.54 of 2010 1. BHUBNESHWAR LAL DAS S/O LAXMI NARAYAN DAS R/O VILL.- BALOUR, P.S. MANIGACHHI, DISTT.- DARBHANGA – Petitioner. Versus 1. THE STATE OF BIHAR 2. DIRECTOR ACCOUNTS ADMINISTRATION AND SELF EMPLOYMENT CUM-CONDUCTING OFFICER COLLECTORIATE, MUZAFFARPUR 3. THE DISTRICT MAGISTRATE, MUZAFFARPUR 4. SUB-DIVISIONAL OFFICER (EAST), MUZAFFARPUR 5. DISTRICT RURAL DEVELOPMENT-CUM-CONDUCTING OFFICER, MUZAFFARPUR 6. DY. COLLECTOR, DISTRICT ESTABLISHMENT, COLLECTORIATE, MUZAFFARPUR 7. DIRECTOR, N.R.E.P. (NATIONAL RURAL EMPLOYMENT PROGRAMME), MUZAFFARPUR 8. CIRCLE OFFICER, GAIGHAT BLOCK, MUZAFFARPUR – Respondents. ----------- 2 13.5.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order contained in memo no. 198, dated 31.3.2009 passed by the District Magistrate, Muzaffarpur by which he has dismissed the petitioner from service. The order of dismissal was passed after the second show cause was issued to the petitioner. The admitted facts are that after the memo of charges was served on the petitioner, he did not appear before the enquiry officer at any stage. In fact he kept writing letters and demanding documents and did not think it fit to appear before the enquiry officer and place his case or documents on which he intended to rely in this enquiry proceeding. The allegation is of misappropriation of Rs.13 lakhs and odd. The illegality in the proceeding is that at the time of issuing second show cause notice to the petitioner, the enquiry report ought to have been supplied to the petitioner. It is well settled that the 2 delinquent is entitled to the enquiry report so that he can answer the show cause notice. Ordinarily this court would not have considered interfering with the order of the disciplinary authority as there is a provision of appeal under the C.C.A. Rules. However, considering that it would save time and in view of the fact that it is admitted that there is glaring illegality in the proceeding, this court directs that second show cause notice along with a copy of the enquiry report, list of documents on which the department intends to rely, list of witnesses, if any, which the department intends to present should be sent to the petitioner and the petitioner should appear before the disciplinary authority on receipt of the show cause etc. At this stage counsel for the petitioner informs this court that presently the petitioner is in jail and, therefore, it may not be possible for the petitioner to appear in person. This court, therefore, directs that the show cause notice along with the enquiry report and other materials should be sent to the Muzaffarpur jail through the Superintendent of Jail, Muzaffarpur. The District Magistrate, Muzaffarpur may direct the Superintendent of Jail to inform him regarding the fact that the petitioner has been released on bail so that the proceeding can continue after his release. On the presumption that the statement made at the bar would be correct in submitting that the petitioner is lodged in jail, on his release the petitioner is directed to appear before the disciplinary authority within one month who will grant him opportunity to examine the documents on which he proposes to rely and thereafter 3 pass an appropriate orders in this case. This writ petition is disposed of with the aforesaid observation. The order contained in memo no. 198, dated 31.3.2009 shall remain stayed. The proceeding should conclude expeditiously, once the petitioner is released on bail. haque (Sheema Ali Khan, J.)