IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4632 of 2010 1. ABHIRAM TRIVEDI S/O SRI RAM BALAK TRIVEDI R/O MOHALLA- BIBIGANJ, P.S.- MUZAFFARPUR SADAR, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, STATE OF BIHAR, OLD SECRETARIAT, PATNA 3. THE COMMISSIONER-CUM-SECRETARY, RURAL DEVELOPMENT DEPARTMENT, STATE OF BIHAR, OLD SECRETARIAT, PATNA 4. THE UNDER SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, STATE OF BIHAR, OLD SECRETARIAT, PATNA 5. THE COLLECTOR, VAISHALI AT HAZIPUR 6. THE SUB DIVISIONAL OFFICER, VAISHALI AT HAZIPUR ----------- 02. 29.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 14.10.2009 denying to interfere with his original punishment dated 25.5.2009 minor in nature directing stoppage of two increments with no cumulative effect. Learned counsel submits that the petitioner was given a show cause notice to which he replied, whereafter the punishment was imposed. If the authorities had relied only on the show cause notice and the reply furnished matters may have been entirely different. The respondents took into consideration an enquiry report dated 2.5.2008 which was not furnished to the petitioner. Reliance on materials beyond the show cause given to the 2 petitioner to indict him is in violation of the principles of natural justice as it amounts to condemning him unheard and admitting evidence behind his back. The petitioner did not have the opportunity to be made aware of the grounds in the enquiry report and on which the decision of the respondents is also founded. He therefore came to this Court in C.W.J.C. No. 10999 of 2009 with that grievance. This Court observed that the Principal Secretary of the Department shall consider his representation from the file and if it appears from the file that the enquiry report dated 2.5.2008 had not been served on the petitioner without an opportunity to deny the same, he shall be obliged to pass a reasoned and speaking order. The order of punishment dated 25.5.2009 makes it apparent that the authorities have relied on the enquiry report when the order states that apart from the cause shown by the petitioner, all necessary papers connected with the issue available in the file had also been perused. The fresh impugned order dated 14.10.2009 proceeds on the simple premise that since the punishment was minor, the giving of a show cause notice and consideration of the reply was sufficient compliance in law. There is no finding in the impugned order that no enquiry report dated 2.5.2008 3 existed or that it was furnished to the petitioner. In fact, the order is completely silent with regard to the limited nature of the direction of this Court. Learned counsel for the State prays for time to file counter affidavit. If the petitioner had not approached this Court earlier and the controversy had not been narrowed down by this Court, in the nature of the minor punishment, perhaps this Court may not have interfered in the present proceedings. No useful purpose is going to be served by directing the respondents to file a counter affidavit. The order dated 14.10.2010 is reasoned and speaking in nature. No counter affidavit can supplement it or explained it. The direction of this Court in the earlier writ petition was specific. The order dated 14.10.2009 evades to decide the issue completely whether there was an enquiry report dated 2.5.2008 and if it was served on the petitioner. The Court therefore draws an adverse inference. It is apparent form the original punishment dated 25.5.2009 that materials beyond the show cause notice connected and available in the original file have influenced the mind of the authority in imposing the punishment. These other materials are concluded to be non- other than the enquiry report dated 2.5.2008. 4 The impugned orders dated 25.5.2009 and 14.10.2009 are therefore held to be not sustainable. They are accordingly quashed. The application is allowed. P.K. (Navin Sinha, J.)