IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2734 of 2010 1. RAM SHLOKA ROY S/O LATE LAXMI ROY R/O VIL- BAJITPUR, PO- BAJITPUR VIA BIDUPUR BAZAR, DISTT- VAISHALI Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER CUM SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DEPUTY SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE ENGINEER-IN-CHIEF (MADHYA) WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 5. THE ENGINEER-IN-CHIEF (NORTH) WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA ----------- 2. 24.08.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. Learned Counsel for the petitioner submits that he was subjected to a departmental proceeding when he came to be exonerated from all the charges by the enquiry report dated 29.10.2003. A second show cause of difference of opinion was given to which he replied leading to a punishment dated 16.3.2007 of censure for the years 2001 and 2002 and that nothing beyond subsistence allowance was payable for the period of suspension. It is submitted that this was the punishment likewise given to a co delinquent Shyama Nand Singh who was also likewise served with a notice for difference of opinion after the enquiry report. The petitioner preferred a memo of appeal against the punishment. That has been disposed on 23.1.2008 enhancing it to include stoppage of three increments with non cumulative effective. It is submitted that this additional punishment has been imposed without a separate show cause and dealing the claim of parity with Shyama Nand Singh. A counter affidavit has been filed on behalf of the respondents. It does not deny the assertion of the petitioner that the appellate authority never gave him a separate show cause notice before enhancing the punishment. It also does not deal with the plea of the petitioner for parity in punishment with Shyama Nand Singh. The appellate order dated 23.1.2008 is set aside and the matter is remanded to the appellate authority to pass a fresh reasoned and speaking order in accordance with law including on the issue of parity of punishment with Shyama Nand Singh within a maximum period of two months from the date of receipt and/or presentation of a copy of this order. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)