IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.599 of 2008 AWADHESH KUMAR TIWARI . Versus THE STATE OF BIHAR & ORS . ----------- 2. 2.12.2009 Heard learned counsel for the petitioner and the State. The petitioner has been visited with punishment of censure, recovery of money nothing beyond subsistence allowance being payable for the period of suspension and stoppage of two increments with cumulative effect. The last punishment being major mandates a proper departmental proceeding by framing of charges, appointment of an enquiry officer, a presenting officer leading of evidence, exhibition of documents and examination of witnesses with the right to cross-examine. Any major punishment given without following this procedure is not sustainable in law. Even in so far as minor punishment of recovery is concerned, though permissible after issuance of a show cause notice, but there has to be proper consideration of the cause shown briefly giving reasons indicating application of mind as to why the cause shown was not acceptable. In absence of the same, the minor punishment may also get vitiated. It is the contention of the petitioner that the period of alleged unauthorized absence for which he was show- 2 caused has also been regularized. Learned counsel for the State submits that the mis-conduct for unauthorized absence is one aspect and regularization of that period after punishment for service benefits is another aspect. The petitioner is stated to have filed a review application on 16.3.2007 which is still pending. It is pre -mature for this Court to interferer in the matter at this stage. Let the review application be disposed off in accordance with law in light of the aforesaid discussion within a maximum period of four months from the date of receipt/production of a copy of this order. Nothing in the present order shall be deemed to preclude the petitioner from urging any other grounds that he may wish to with regard to other punishment also in the review proceeding. The application stands disposed. P. Kumar (Navin Sinha, J.)