IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15086 of 2001 SANJAY KUMAR Versus THE CHAIRMAN,Bihar State Electricity Board, Patna & ORS ----------- For the Petitioner: Mr D.P.Choudhary, Advocate For the Board : Mr Vijay Kumar Verma, Advocate ------- 9. 24.03.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the Bihar State Electricity Board. With regard to an incident at the office gate a Police case was registered as Patratu PS Case No. 19 of 1999. The petitioner is a named accused therein. On the same allegations he was subjected to a departmental proceeding on 29.4.1999. H denied the charges. An enquiry report came to be submitted on 12.2.2001 finding him guilty. Second show cause was issued on 15.3.2001.The petitioner filed his reply which is at Annexure 5 dated 10.4.2001. This Court on going through the reply to the second show cause notice finds that the petitioner has not raised any objection with regard to any procedural irregularities in the departmental proceeding or violation of a fair and reasonable opportunity. He came to be then dismissed from service on 11.5.2001. The appeal preferred by the petitioner has been rejected on 23.8.2001. The findings in a departmental proceedings are based on preponderance of probability. Once he is an accused in a criminal case arising out of the same occurrence and finding of guilt has been returned in the departmental proceeding when the petitioner raises no objection with regard to any procedural irregularities occasion for this Court to sit in appeal over the enquiry report for reappraisal of the evidence would be beyond its jurisdiction under article 226 of the constitution. This court finds it difficult to grant any relief to the petitioner. The writ application is dismissed. Snkumar/- (Navin Sinha,J.)