IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12645 of 2010 1. DR. BAIKUNTH UPADHYAY S/O LATE YADUBANSH UPADHYAY R/O DHANWANTARI BHAWA, SADISOPUR, P.S.- BIHTA, DISTT.- PATNA--- -----------------------------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR IN CHIEF HEALTH SERVICES, BIHAR, PATNA 3. THE DIRECTOR (INDIGENOUS MEDICINE) HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE JOINT SECRETARY TO THE GOVERNMENT HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA---------------RESPONDENTS ----------- 2 5.4.2011 Heard learned counsel for the parties. There is very pointed submission made at the bar on behalf of petitioner that decision to impose punishment upon the petitioner in terms of annexure-7 is in teeth of Supreme Court decision rendered in the case of Punjab National Bank & others vrs. Kunj Behari Misra reported in 1998 (7) SCC 84. Expanding further it is the stand and contention of the petitioner is that the enquiry officer has virtually exonerated the petitioner of so called wrong doing of various charges and his recommendation of what that may be warning should be issued to petitioner to be careful in future. However the disciplinary authority in disagreement with the findings imposed punishment by issuing the order contained in annexure-7. The stand of the petitioner is that this could not be done without giving him notice on the area of disagreement or reason for such disagreement. Since this has not been done annexure-7 falls foul and same is quashed. This writ application is allowed. The matter - 2 - cannot be remitted back to the disciplinary authority since the petitioner has already superannuated. RPS (Ajay Kumar Tripathi,J.)