IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1799 of 2010 1. Ram Pramod Singh S/O Late Rajendra Singh R/O Vill.-N Mananpur, P.S.- Runisaidpur, Distt.-S Itamarhi, Presently Residing At Mohalla- Gandak Colony No.2, P.S.- Bettiah Sadar, Distt.- West Champaran ……………..Appellant. Versus 1. The State Of Bihar Through The Secretary Water Resources Department, Bihar, Patna 2. The Commissioner, Water Resources Department, Govt. Of Bihar, Patna 3. The Special Officer-Cum-Deputy Secretary Water Resources Department, Govt. Of Bihar, Patna 4. The Deputy Collector, Revenue Division, Gandak Project, Bettiah 5. Sri Parma Nand Prasad, Enquiry Officer-Cum-Circle Officer Revenue Anchal, Bagha, Distt.- West Champaran 6. The Director, Revenue Administration, Water Resources Department, Bihar, Patna ………………………Respondents. ----------- 2/ 3rd August 2011 This Letters Patent Appeal has been preferred against the order and judgment dated 16.09.2010 passed in CWJC No. 4624 of 1996. Upon hearing learned counsel for the appellant the admitted position comes out that the appointing authority of the appellant is Deputy Collector while order of punishment has been passed by the Director, Revenue Administration, Water Resources Department, Bihar, Patna. It has not been shown to us that the Deputy Collector has the power of the appointment. Though Article 311 provides that order of major punishment can be passed not by the officers rather superior authority of the rank of the appointing authority also. It is well settled that the superior authority may pass the punishment order but since Rules under Article 311 proviso (1) provides 2 that the punishment shall be given by the appointing authority, therefore, the order of punishment de hors the Rules. Hence the order of dismissal is set aside as well as the order of the learned single Judge is also set aside. The appointing authority is directed to take the decision afresh applying his own mind on the enquiry report which has already been submitted within one month of receipt/production of the certified copy of this order. perwez (Prakash Chandra Verma, J.) (Aditya Kumar Trivedi, J.)