IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5249 of 2009 KHWAJA GHOLAM RASUL, Son of late Khawaja Gulam Mustafa, resident of Village-Achchepur, P.S.-Baisi, District-Purnia. .............Petitioner. Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary/Commissioner, Human Resources Development Department, Government of Bihar, Patna. 3. The Director (Administration)-Cum-Joint Secretary, Human Resources Development Department, Government of Bihar, Patna. 4. Director, Secondary Education, Department of Human Resources Development, Government of Bihar, Patna. 5. Director Secondary Education-Cum-Enquiry Officer, Department of Human Resources Development, Government of Bihar, Patna. 6. The Presenting Officer-Cum-Deputy Director, Secondary Education, Human Resources Development Department, Government of Bihar, Patna. 7. The Chairman, Bihar Public Service Commission, Patna. ----------- Counsel for the petitioner : Md. Helal Ahmad, Adv. Counsel for the State : Mr. Rajiv Kumar Singh, A.C. to G.A. VI. 2/ 25.06.2010 Heard counsel for the petitioner and the counsel appearing for the State. The Director (Administration)-Cum-Joint Secretary, Human Resources Development Department, Government of Bihar, Patna, vide Memo No. 46, dated 12.02.2009, has awarded punishment of compulsory retirement to the petitioner, in the departmental proceeding initiated against him. The final order passed in the departmental proceeding, dated 12.02.2009 has been assailed by the petitioner on the ground that simply on the basis of an F.I.R. instituted by the Vigilance, a major punishment like compulsory retirement from service has been imposed. The entire departmental proceeding as well as final - 2 - order of punishment have been challenged on the ground that on the basis of indefinite, vague and baseless charges, without there being any documentary evidence except the F.I.R. of Vigilance Case No. 2/2004, major punishment has been awarded. The enquiry report submitted by the Conducting Officer indicates that charge No. 1 and charge No. 2 have been proved. The enquiry report does not indicate that for proving either charge Nos. 1 and 2 any witness was examined. Even, the investigation report of the Vigilance and the charge sheet submitted by the Investigating Officer were not brought on the record for proving charge No. 1. Further, it has been stated that the enquiry report also indicates that charge No. 2 has been proved but in the departmental enquiry none of the letters, on which reliance has been placed for proving the charge, were produced by the Presenting Officer. There is reference of Letter No. 5333 dated 26.05.1988, whereby the intimation was given by the Regional Deputy Director to the D.S.E., Sahabganj, regarding termination of Ali Imam’s service in order to show that petitioner, who was posted at the relevant time as D.S.E., Sahabganj, had sufficient knowledge about the termination of service of Ali Imam, despite the fact that he allowed to continue him in service. Even this letter was not produced. The petitioner, when applied for supply of this letter under Right to Information Act, it was not supplied due to it’s non-availability. It is the case of petitioner that in a - 3 - most illegal and arbitrary manner the departmental proceeding was conducted and a major punishment like compulsory retirement from service has been awarded. In a counter affidavit filed on behalf of respondent Nos. 1 to 6, total reliance has been placed on the enquiry report submitted by the Enquiry Officer in departmental proceeding but there is no denial of the specific statement in the writ petition regarding non-examination of the witness, non-supply of documents and non-observance of the procedure for holding a departmental proceeding. Considering all these facts, I find that the major punishment has been awarded without following the procedure for holding a departmental proceeding, which amounts to violation of Rule of Natural Justice. Accordingly, the impugned order dated 12.02.2009 contained in Memo No. 46 issued by Director(Administration)-Cum-Joint Secretary, Department of Human Resources Development, Government of Bihar, Patna, is quashed. The Director (Administration)-Cum-Joint Secretary, Human Resources Development Department, Government of Bihar, Patna, is directed to re-start the departmental proceeding in a legal manner. Enquiring Officer and Presenting Officer be appointed, all relevant documents be supplied to the petitioner on which reliance has been placed by the respondent authorities. He should be allowed to examine/cross-examine - 4 - witnesses. Second show cause notice with the enquiry report be served to the petitioner. In this way, following all procedures the departmental proceeding should be completed within six months from the date of production/communication of this order. The respondents will comply this direction and complete the departmental proceeding in the legal manner within the specified time. The petitioner shall be allowed to join and get all consequential benefits, till disposal of the departmental proceeding. This application is allowed. Sanjeet/ (Mridula Mishra, J.)