IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5429 of 2002 BRAJESHWAR JHA, S/O LATE PHOCHAI JHA, R/O VILLAGE AND P.O.-JOGIYARA, P.S.-BAHADURPUR, DISTRICT-DARBHANGA AT PRESENT HEADMASTER GOVT. MIDDLE SCHOOL, MAKHANAHI, DISTRICT- DARBHANGA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER- CUM-SECRETARY PRIMARY EDUCATION, BIHAR, PATNA. 2. DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 3. REGIONAL DEPUTY DIRECTOR, DARBHANGA DIVISION, DARBHANGA. 4. DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA. 5. DISTRICT MAGISTRATE, DARBHANGA. 6. AREA EDUCATION OFFICER-CUM-ENQUIRY OFFICER, KAMTAUL, DISTRICT-DARBHANGA. 7. COMMISSIONER, DARBHANGA DIVISION, DARBHANGA. ………………RESPONDENTS. ----------- 5 12.05.2010 Petitioner has challenged his punishment order, as contained in Annexure-1, by which he has been awarded punishment of censor and warning to be entered into his service book and he has also been held not entitled for any other payment of his suspension period except subsistence allowance. Learned counsel for the petitioner submits that the copy of the enquiry report, which has now been received by him through the copy of the counter affidavit, was not made available to the petitioner before awarding of punishment. It appears that the petitioner had 2 moved the appellate authority and the appellate authority dismissed the appeal on the ground that the charges stand admitted by the petitioner. If the enquiry report was not received by the petitioner before punishment order was passed, he stands prejudiced in his defence. Therefore, this Court is of the view that the petitioner should be given another opportunity by the appellate authority to present his case before him, meeting the findings in the enquiry report, which should be considered on merits afresh. In the circumstances, this writ application is disposed of. Petitioner is given liberty to file an appeal before the appellate authority. In the appeal he will take all possible grounds available to him in his defence and against the findings of the enquiry officer as contained in the enquiry report served on him. He shall also be at liberty to take all other grounds as may be available to him including that in identical circumstances some other delinquents have been awarded different punishment. If the said appeal is filed before 3 the appellate authority within one month from today, the appellate authority shall consider the same on merits without being prejudiced by his earlier order, as contained in Annexure-2, and disposed of the same preferably within a period of three months from the date of filing of the appeal. Arvind/ ( J. N. Singh, J.)