IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.687 of 2008 1. The State of Bihar through the Chief secretary, Bihar, Patna 2. The Secretary, Public Health Engineering Department, Bihar, Patna 3. The Joint Secretary (Monitoring) Public Health Engineering Department, Bihar Patna ………….. Appellants Versus 1. Chhatradhari Ram s/o late Barahan Mistry, resident of village – Nutan Nagar, P.S. Hazaribagh, Muffasil, P.O. – Oriya, District – Hazaribagh 2. The Accountant General, Bihar, Patna ………… respondents ----------- For the appellants: Mr. S.K. Singh, JC to GA -VI For the respondent no.1 : Mr. Vikas Mohan, Advocate Mr. Dilip Kumar Tiwary, Advocate P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 26th November, 2008 Even if we condone the delay in filing the appeal, for which an application (IA. No.5330 of 2008) has been made, we are of the view that the appeal does not deserve to be admitted. 2. The government counsel could not show that the documents relied upon by the department in support of the charge of illegal appointments levelled against the delinquent (respondent no.1) were supplied to him. In that event, the Single Judge cannot be said to have erred in holding that the inquiry report was vitiated being in violation of principles of natural justice. 2 3. In that view of the matter, the order of the Single Judge does not deserve to be interfered with. 4. We , accordingly, dismiss the appeal in limine. This disposes of IA. No.5330 of 2008 as well. 5. However, we clarify that there will be no impediment for the State government if it decides to proceed with the disciplinary inquiry against the respondent no.1 from the stage of service of chargesheet dated 8th of May, 2000. As a matter of fact, the counsel for the respondent no.1 has no objection to this course. We order, accordingly. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-