IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12392 of 2009 RISHIDEO JHA, SON OF LATE KAMDEO JHA, RESIDENT OF VILLAGE BARADBATTA, PALASI, DISTRICT ARARIA---PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIAHR, PATNA. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS, GOVT. OF BIHAR. 3. THE PRINCIPAL SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR. 4. THE DIVISIONAL COMMISIONER, DARBHANGA. 5. THE DISTRICT MAGISTRATE, DARBHANGA. 6. THE DEPUTY COLLECTOR, LAND REFORMS, SAMASTIPUR. 7. THE DEPARTMENTAL ENQUIRY COMMISSIONER, BIHAR, PATNA. 8. THE UNDER SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR. ---RESPONDENTS. ----------- 02. 17.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner, Deputy Collector is aggrieved by the memo of charge served on him under resolution of the State Government bearing Memo No. 11923 dated 12.11.2008, Annexure-9, perusal whereof indicates that inquiry has to be conducted by the departmental Inquiry Commissioner. 3. It is submitted on behalf of the petitioner that for the same charge petitioner was earlier asked to show cause and the State Government having considered the cause shown by the petitioner under Memo No. 690 dated 30.9.2008, Annexure-8, exonerated him of the charges with further direction to consign the complaint to the records. It is further submitted that without recalling the earlier order 2 exonerating the petitioner of the charges and consigning the complaint to the records the resolution containing the memo of charge dated 30.9.2008, Annexure-8, has been issued, which is wholly violative of the earlier order dated 30.9.2008, Annexure-8 exonerating the petitioner of those charges as also of the principles of natural justice as the allegation having been consigned to the records, the Government could not have issued the impugned order dated 12.11.2008, Annexure-9 without recalling the earlier order dated 30.9.2008, Annexure-8. 4. Let the petitioner file representation asserting the aforesaid aspect of the matter before the Departmental Inquiry Commissioner, who is the Inquiry Officer annexing a copy of this order, who should call for the relevant records from the department concerned and examine the same and if it is true that for the same charge petitioner was earlier asked to show cause and considering his explanation the petitioner has been exonerated of the charges and the complaint was consigned to the records then the departmental Inquiry Commissioner should pass appropriate orders exonerating the petitioner of the charges leveled under resolution of the Government dated 12.11.2008, Annexure-9, until the State Government or the 3 competent authority chooses to recall the order dated 30.9.2008, Annexure-8. 5. This writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)