IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3246 of 2004 SHIV LAL PASWAN, son of late Muneshwar Paswan, resident of Mohalla-Ruhellaganj, Kadirabad Chowk, P S – Lalit Narayan Mithila University, Darbhanga, District – Darbhanga, presently posted at Land Acquisition Department at Madhubani in the town and district of Madhubani. Versus 1. THE STATE OF BIHAR. 2. The Collector, Darbhanga. 3. The Commissioner, Darbhanga. 4. The Circle Officer, Keoti, Darbhanga. 5. The Additional Collector (Urban Dasta), Land Acquisition, Darbhanga (the conducting officer). 6. Madan Lal Das, District Panchayat Officer, Darbhanga. ----------- 09. 25.10.2010 A punishment order came to visit the petitioner on initiation of a proceeding a fact not in dispute as such. But it is the manner in which the punishment order has come to be imposed on the petitioner, which is subject matter of adjudication in the present writ application. Besides other submissions, counsel for the petitioner submits that the order of punishment contained in Annexure-4 dated 14.8.2003 cannot be sustained in view of lack of clear evidence and pleadings on behalf of the State that a copy of the enquiry report was served on the petitioner before the disciplinary authority decided to punish him. The detailed counter affidavit also does not state so in so many words. In that view of the matter the Court has no option but to quash the order of punishment contained in Annexure-4 and remit the case back to the disciplinary authority. The disciplinary authority would be obliged to serve a copy of the enquiry report now on the petitioner, issue him a second show cause and thereafter decide as 2 to the course of action which is required to be taken in the matter afresh. The writ application is allowed with the above direction. rkp ( Ajay Kumar Tripathi, J.)