IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2124 of 2009 SUBHASH CHANDRA MISHRA, son of Shri Satanjiv Mishra aged about 46 years resident of village Pajiarwa PO Pajiarwa via Raghunathpur Bazar police station Sugauli, District East Champaran at Motihari, ex EDBPM Pajiarwa FDBO in East Champaran postal division. Versus 1. THE UNION OF INDIA through Chief Postmaster General, Bihar Circle, Patna 2. The Director of postal services, Northern Region, Muzaffarpur 3. The Superintendent of Post Offices, East Champaran Division, Motihari 4. Shri Sanjay Kumar, son of late Bishwanath Ram, resident of village & PO Gamharia Kala Via Adapur district East Champaran at Motihari and at present working as EDBPM Pajiarwa Branch Office in account with Raghunathpur Bazar S.O in Champaran Postal Division. ----------- 5 20-05-2009 Heard learned counsel for the petitioner and learned counsel for the Union of India. The petitioner was subjected to a disciplinary proceeding and after a detailed enquiry he was awarded some punishment. Against that the petitioner preferred departmental appeal and the matter was remitted for fresh consideration from a particular stage. Thereafter the petitioner was again awarded punishment of removal from service. His appeal was rejected and his application before the Central Administrative Tribunal, Patna Bench, Patna vide O.A. no. 391/01 has been dismissed on merits by impugned order dated 17-8- 07. Learned counsel for the petitioner submitted that the enquiry proceeding suffered from errors and violation of natural justice occurring on account of witnesses being examined when petitioner was not present and on account of some documents not being given to him although list of documents was served. In order to appreciate the aforesaid submission we have - 2 - examined the memorandum of appeal preferred by the petitioner contained in annexure-12 and find that no such pleas were taken by the petitioner before the appellate authority nor such pleas have been raised before the Central Administrative Tribunal. In the facts of the case, we find no substance in the writ petition. It is, accordingly, dismissed. BKS/ (Shiva Kirti Singh, ACJ.) (Mihir Kumar Jha, J.)