IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5661 of 2009 SHYAM NANDAN MISHRA Versus THE STATE OF BIHAR & ORS ----------- 2. 04.05.2009 Heard learned counsel for the petitioner and the State. Departmental proceedings were initiated against the petitioner and enquiry report was submitted when second show cause notice has been issued. The submission from Rule 18 (1) of the Bihar Government Servant (Classification, Control & Appeal) Rules, 2005 is that the Disciplinary authority was not required to issue the second show cause in a mechanical manner. He ought first to have examined if the enquiry was held in accordance with law or not, and if the matter was required to be remitted back for further enquiry. This Court refrains from any observation on the merits of the matter as this Court is satisfied that the petitioner can raise all his objections in his reply to the second show cause notice with regard to the conduct of the disciplinary proceedings and if he is able to persuade the disciplinary authority, the latter has enough statutory power under Rule 18(1) of the Rules to deal with the same in accordance with law. The writ application stands disposed with the aforesaid observation. AKS/ (Navin Sinha, J.)