IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1029 of 2008 In (CIVIL WRIT JURISDICTION CASE 2636/2002) Pramod Kumar Prasad , son of Shri Baijantri Prasad, resident of village Basantpur, P.S. Mufassil, District Arrah. ……… petitioner-Appellant Versus 1. The State of Bihar. 2. The Secretary to the Governor and Honorary Secretary, Bihar State Council for Child Welfare, Raj Bhawan, Patna. 3. The Administrator, Bihar State Council for Child Welfare, Raj Bhawan, Patna. 4.Officer-on-Special Duty, Bihar State Council for Child Welfare, Raj Bhawan, Patna. 5. The Principal, Anganwari Training Centre, Bindwara Morh, Munger. ……… Respondents-Respondents. ---------------------------------- 3 26.07.2011 Heard Mr.Chitranjan Sinha, learned senior counsel appearing on behalf of the appellant as well as learned counsel for the State. This Letters Patent Appeal has been preferred against the order dated 21.11.2008 passed in CWJC No. 2636 of 2002(Pramod Kumar Prasad Vrs .State of Bihar and others). The writ petition was filed against the order dated 6.12.2001 by which the petitioner was dismissed from service. The brief facts which are required to be given is that earlier also the petitioner was dismissed from his service by order dated 15.7.1999 against which he has moved before this Court and the matter was remanded to the concerned respondents to initiate a full-fledged departmental proceeding against the petitioner and take the matter to its logical end in accordance with law. The order passed on 17.1.2001 was a result of such remand by this Court. The contention of the writ petitioner 2 is that despite the departmental proceedings have not been initiated and an enquiry being conducted the final order terminating his service came to be issued on 17.1.2001 but the requirement of law i.e. of serving a copy of enquiry report and asking for a second show cause, was never complied with by the concerned respondent. Such contention was indicated by this Court by order under appeal on the ground that since there had already been one ground of rejection earlier in which even the Court had held that the act of the petitioner in dissenting himself amounts to misconduct and the order of termination does not suffer from any illegality. The learned senior counsel has argued that such contention on which the writ petition had been dismissed is not sustainable in the eye of law for the reason that even by the previous order, the department was permitted to initiate the departmental proceedings against the petitioner and take the matter to its logical end in accordance with law in as much as the procedure prescribed under law of issuance of a second show cause notice and providing a copy of the enquiry report was incumbent in the event based on documentary evidence, the disciplinary authority was of the opinion that it has called for a major punishment. He submits that in the present case the order of dismissal has been passed without fulfilling the requirement. Learned Counsel for the State fairly submits that neither second show cause nor the enquiry report was served upon the petitioner prior to the order of dismissal. After hearing counsels for the parties, this Court feels that the order of dismissal dated 06.12.2001 was unsustainable in the eye of 3 law on the sole ground that the procedure prescribed by law has not been followed which has resulted in violation of the principles of natural justice. Accordingly, the said order dated 6.12.2001 is set aside and the matter is remanded back to the concerned respondent for serving a second show cause to the petitioner, the present appellant, along with the copy of the enquiry report.The appellant shall be given a reasonable opportunity of replying to the said show cause. Thereafter, the authority may pass a reasoned order after considering all aspects of the matter and the issue raised in such show cause submitted by the appellant. With the aforesaid directions, the order under appeal is set-aside and the present Letter patent Appeal stands allowed to the extent indicated above. Sudha/Sudip (T.Meena Kumari,J.) ( Ahsanuddin Amanullah, J.)