IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20881 of 2011 1. Pramod Kumar Tiwari S/O Late Beni Madhaw Tiwari R/O Village-Bakluhar Math, Police Station- Gopalpur, District- Bettiah, Presently At Police Line, Chapra Versus 1. The State Of Bihar 2. The Deputy Inspector General Of Police, Saran Range, Chapra 3. The Superintendent Of Police, Saran, Chapra Null Null 4. The Inspector Of Police-Cum-Conducting Officer Saran Anchal, Chapra, District- Saran ---------------------------------- 2. 19.12.2011 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner submits that he has been exonerated in the criminal case and also in the departmental proceedings. If the disciplinary authority proposed to differ with the report of exoneration in the departmental proceeding he was required to give a second show cause notice for a difference of opinion only whereafter the final order of punishment withholding increments could have been passed. Counsel for the State submits that the standards of proof in a criminal case and a departmental proceeding are entirely different, the purpose of the two proceeding is also entirely different. Only for reason of the procedural defect 2 for absence of appropriate second show cause notice for a difference of opinion with the report of exoneration in the departmental proceeding, the orders of punishment and Appellate orders dated 9.7.2010 and 24.12.2010 are set aside. The matter is remanded to the disciplinary authority to issue a second show cause notice for a difference of opinion in accordance with law and pass fresh final appropriate orders. The petitioner is obliged to present this order before the disciplinary authority within a maximum period of four weeks from today failing which the orders of punishment shall call for no interference. The writ application stands allowed to the extent indicated. P. Kumar ( Navin Sinha, J.)