IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.227 of 2004 Jai Prakash Narain Singh, son of Late Ashwani Kumar Singh, resident of Village Singar Fulkaha, Police Station Kant, District Muzaffarpur. ------- Petitioner Versus 1. The State of Bihar. 2. Secretary-cum-Commissioner, Health Education and Family Welfare, Bihar, Secretariat, Patna. 3. Deputy Secretary, Health Education and Family Welfare, Bihar, Secretariat, Patna. 4. Civil Surgeon-cum-Chief Medical Officer, Sitamarhi. 5. Civil Surgeon-cum-Chief Medical Officer, Katihar. -------- Respondents ----------- 3 23.09.2010 Having heard learned counsel for the petitioner and counsel for the State as also taking into account that the impugned order of punishment dated 12.11.2003 was passed without giving show-cause notice to the petitioner, even when the enquiry officer by his enquiry report dated 26.1.2003 had fully exonerated the petitioner from the charges framed against him, this Court would find that the order, in question, cannot be sustained as was held by the Apex Court in the case of Punjab National Bank & Ors. Vs. Kunj Behari Misra reported in 1998(7)SCC 84. That being so, the impugned order of punishment against the petitioner is set aside. As the petitioner has already 2 retired from service and the misconduct against the petitioner was being not of a grave nature, this Court would not give liberty to the respondent to now proceed afresh against the petitioner and therefore, the petitioner must be paid his consequential benefit as would be admissible to him in law upon quashing of the impugned order. With the aforementioned observation, this application is disposed of. Rsh (Mihir Kumar Jha, J.)