IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5219 of 2002 RAMESH KUMAR, S/O LATE BHAGIRATH PRASAD SINGH, ASSISTANT TEACHER PRIMARY SCHOOL DULAH BIGHA, P.S.-SARE, DISTRICT-NALANDA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY (PRIMARY EDUCATION) SECONDARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, NALANDA. 4. THE DISTRICT MAGISTRATE, NALANDA. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA. ……………RESPONDENTS. ----------- 4 04.03.2010 After conclusion of the enquiry, petitioner has been awarded punishment of withholding of two annual increments with cumulative effect and has been debarred from payment of any amount except subsistence allowance of the period of his suspension. The punishment of withholding of two increments with cumulative effect is a major punishment. The report of the enquiry officer, as contained in Annexure-6, shows that the petitioner has not been found guilty of the charges as he was deputed as second polling officer in the concerned polling booth on which booth polling could not commence due to defect in the voter list. The punishment order, as contained in Annexure-1, mentions that as the petitioner had 2 been found guilty in the enquiry, the punishment was being awarded. This is an apparent error of record. A counter affidavit has been filed in this case. The counter affidavit categorically mentions that the petitioner was not found guilty in the enquiry. But the District Education Establishment Committee decided to differ with the enquiry report and hold the petitioner guilty and awarded punishment to him. Apparently, no second show cause was issued to him. In case the Committee had decided to differ with the enquiry report which did not find the petitioner guilty, it ought to have given a notice to the petitioner to submit his show cause on the proposed points of difference to be considered by the Committee for final decision. Therefore, in absence of the same there is an apparent violation of Principles of Natural Justice. Hence the decision of the Committee holding the petitioner guilty and awarding the punishment to him is unsustainable in law. The impugned order of punishment as communicated by the District Superintendent of 3 Education, Nalanda through his memo no. 3472 dated 24.11.2001 is, hereby, quashed. The writ application is, accordingly, allowed. Arvind/ (J. N. Singh, J.)