IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17334 of 2009 1. CHHATHU PRASAD S/O LATE SITA RAM PRASAD PRESENTLY RESIDING IN THE HOUSE OF SRI BAGISH MISHRA (RETIRED I.A.S.) IN FRONT OF NEW TELEPHONE EXCHANGE, P.O. AND P.S. JHUMRITELAIYA, DISTT.- KODARMA (JHARKHAND), THE RETIRED ASSISTANT ENGINEER, ROAD CONSTRUCTION DEPTT., GOVT. OF BIHAR, PATNA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, ROAD CONSTRUCTION DEPTT., GOVT. OF BIHAR, BISHWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA 3. THE ENGINEER-IN-CHIEF-CUM-ADDITIONAL SECRETARY-CUM-SPECIAL SECRETARY, ROAD CONSTRUCTION DEPTT., GOVT. OF BIHAR, BISHWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA 4. THE DEPUTY SECRETARY (VIGILANCE), ROAD CONSTRUCTION DEPTT., GOVT. OF BIHAR, BISHWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA ----------- 4/ 31/03/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was proceeded against in a departmental proceeding. He claims to have demanded certain documents which were not supplied. With regard to certain other documents, allegedly voluminous in nature, he was directed to make an inspection. His grievance is that he allegedly pointed out that the documents asked for were not being made available. He then contends that he did inform the enquiry officer in writing of his illness requesting for adjourned date of hearing which was not granted and in this manner the enquiry came to be concluded. He raised the aforesaid objections in his reply to the second show cause notice. The final order 2 of punishment dated 6.8.2009 then came to be passed. Counter affidavit has been filed on behalf of the respondents. Paragraph-11 of the counter affidavit prima facie satisfies this Court that there have been serious procedural infirmities in the departmental proceeding. In view of the serious nature of the punishment of withholding 50% pension, this Court opines that there shall have to be strict adherence to procedures before a major punishment of the kind imposed could have been passed. The order of punishment dated 26.8.2009 is accordingly set aside. The matter is remanded to the enquiry officer to proceed afresh from the stage that the charges have been framed and reply submitted by the petitioner. Needless to state that all documents on which the prosecution proposes to rely have to be furnished to the petitioner. If there are any voluminous records, inspection has to be provided to the delinquent. If the delinquent makes a request for any additional documents and satisfies the enquiry officer of the relevance of those documents, the enquiry officer is required to order thereupon in accordance with law when otherwise he has to record 3 his findings with regard to the documents asked for allegedly not being relevant. In this manner let the fresh proceeding be held and concluded in accordance with law within a maximum period of three months from the date of receipt/production of a copy of this order. The application stands disposed. KC/ ( Navin Sinha, J.)