IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8603 of 2005 Dr. Ganga Nand Jha, son of Late Ghanshyam Jha, village Barsan, PS Bheja, District Madhubani, presently posted as Medical Officer Incharge, PO Keoti, District Darbhanga – Petitioner. Vs. 1) The State of Bihar through the Chief Secretary, New Secretariat, Patna. 2) The Commissioner cum Secretary, Health Department, New Secretariat, Patna. 3) The Regional Dy. Director, Darbhanga. 4) The Civil Surgeon cum Chief Medical Officer, Darbhanga – Respondents. 6 21.1.2011 This writ petition has been filed challenging the order contained in Annexure 1 by which the State Government in the Health Department has awarded minor punishments to the petitioner. The punishment has purpoortedly been awarded in consonance and after considering the enquiry report. The enquiry report is at Annexure 11 of the writ petition which indicates that the enquiry officer i.e. the Regional Dy. Director, Health Services, Darbhanga had found that the allegations against the petitioner are not made out as per the charges levelled against him. The Deputy Secretary, Health Department no doubt could have passed an order of punishment. However, if he was differing with the enquiry report, he ought to have given reasons for the same and issued a show cause notice to the petitioner in the light of the decision of the Supreme court in the case of Punjab National Bank vs. Kunj Bihari Mishra, (1998) 7 SCC 84. Accordingly, the order contained in Annexure 1 is hereby quashed and the matter is remanded to the Deputy Director, Health Services, Darbhanga with a direction to give notice to the petitioner if he intends to differ with the enquiry 2 report and after considering his show cause pass a reasoned order. Since the future of the petitioner will remain in doll drum, it is directed that the Deputy Director should pass a final order within four months from the date of receipt / production of a copy of this order. In case the Deputy Director finds that the charges levelled against the petitioner are not made out, the petitioner would be entitled to the consequential benefits as a result of the final order. This writ petition is allowed. haque ( Sheema Ali Khan, J.)