IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10896 of 2009 UMESHWAR PRASAD MISHRA, SON OF LATE KAMESHWAR PRASAD MISHRA, RESIDENT OF MOHALLA-MANIKPUR, MIRJANHAT, P.S-MUJAHIDPUR, DISTRICT-BHAGALPUR ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF MINES AND GEOLOGY, GOVERNMENT OF BIHAR, PATNA. 2. DIRECTOR, MINES AND GEOLOGY DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. DEPUTY DIRECTOR, MINES AND GEOLOGY DEPARTMENT CIRCLE OFFICE, BHAGALPUR. 4. DEPUTY DIRECTOR, MINES AND GEOLOGY DEPARTMENT CIRCLE OFFICE, MUZAFFARPUR. 5. ASSISTANT DIRECTOR, MINES AND GEOLOGY DEPARTMENT, CIRCLE OFFICE, BHAGALPUR. 6. DISTRICT MINES OFFICER, BHAGALPUR. 7. DISTRICT MINES OFFICER, SITAMARHI. 8. ADDITIONAL SECRETARY, MINES AND GEOLOGY DEPARMENT, GOVT. OF BIHAR, PATNA. ... ... RESPONDENTS. ----------- 2. 28.8.2009. Petitioner at the relevant time served as Clerk in the office of the District Mines Officer, Bhagalpur. He was put under suspension and was proceeded against after serving the memo of charge in response whereto he filed his written defence refuting the charges. The Enquiry Officer after considering the written defence submitted enquiry report dated 11.4.2008 (Annexure-15) exonerating the petitioner. The Disciplinary Authority having considered the enquiry report differed with the same and passed the punishment order holding that the petitioner - 2 - shall not be entitled to his salary for the period of suspension between 2.2.2007 till 19.7.2007 and with-held his one increment with cumulative effect. The order is contained in Memo No.1711 dated 22.8.2008 (Annexure-16) to this application. Against the punishment order (Annexure-16), petitioner filed appeal before the Hon’ble Minister of the Mines and Geology Department of the State Government, which was considered by the Hon’ble Minister and orders have been communicated to the petitioner under letter No.305 dated 13.3.2009 (Annexure-19) under the signature of the Deputy Secretary where under his appeal has been dismissed. It is submitted on behalf of the petitioner that both the original punishment order dated 22.8.2008 (Annexure-16) as also the appellate order dated 13.3.2009 (Annexure-19) are bad in law and fit to be set aside by this Court for the failure of the Disciplinary Authority to indicate the reasons for differing with the findings of exoneration recorded by the Enquiry Officer in the enquiry report dated 11.4.2008 - 3 - (Annexure-15). Having perused the enquiry report dated 11.4.2008 (Annexure-15), I am satisfied that there under petitioner has been exonerated of the charges levelled against him. While imposing punishment it was incumbent upon the Disciplinary Authority to serve on the delinquent reasons differing with the finding recorded in the enquiry report. The authority having not served the petitioner with the reasons for differing with the findings of the enquiry report, the punishment order dated 22.8.2008 (Anneuxre- 16) is held to be arbitrary and violative of Sub Clause (2)and (3) of Rule-18 of the C.C.A. Rules 2005 as also of Article 14 of the Constitution of India, which is accordingly set aside along with the appellate order dated 13.3.2009 (Annexure-19) and the matter is remitted back to the Disciplinary Authority to again consider the enquiry report and if he is not satisfied with the findings recorded therein then to serve the reasons for differing with the finding recorded in the enquiry report with a - 4 - N.H./ direction to the petitioner to file his second show cause reply and pass fresh order in accordance with law. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)