IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.884 of 2010 1. SUNIL KUMAR JHA S/O SHRI SHASHI BHUSAHN JHA R/O VILL LANDHIA, P.O.MADHODIH(GANELI), P.S.SANGRAMPUR, DISTT-MUNGER Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY MAIN SECRETARIAT BUILDING, PATNA, BIHAR 2. THE PRINCIPAL SECRETARY , DEPARTMENT OF INDUSTRIES GOVT. OF BIHAR, PATNA 3. THE DIRECTOR , HANDLOOM &SILK DIRECTORATE, DEPARTMENT OF INDUSTRIES GOVT. OF BIHAR,PATNA 4. THE JOINT DIRECTOR , INDUSTRIES (TECHNICAL), DEPARTMENT OF HANDLOOM &SILK INDUSTRIES GOVT. OF BIHAR, PATNA 5. THE DEPUTY DEVELOPMENT OFFICER(VASTRA),HANDLOOM INTENSIVE DEVELOPMENT &PLANNING GAYA ----------- 3. 02.08.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. A show cause notice dated 14.9.2005 was issued to the petitioner for alleged non joining at the place of transfer. The petitioner is stated to have replied to the same when an order of punishment dated 13.12.2005 followed imposing a punishment of stoppage of two increments with cumulative effect revoking his suspension. The petitioner preferred an appeal which has been rejected by a non speaking order on 27.8.2008 vide Annexure ‘C’ to the counter affidavit. This Court could have easily disposed off this application by setting aside the appellate order for being non speaking in nature and remanded the matter to the appellate authority. However, this Court is not persuaded to do so in view of the admitted fact that before imposition of a major penalty of stoppage of two increments with cumulative effect, it is not in controversy that no proper departmental proceeding was held in accordance with law. That per se vitiates the order of punishment dated 13.12.2005 without further more. The question of remand to the appellate authority therefore does not arise. The order of punishment dated 13.12.2005 is quashed. The application is allowed with consequential benefits but without prejudice to the rights of the respondents. Snkumar/- (Navin Sinha,J.)