IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14178 of 2009 1. AKHILESH CHANDRA BHUSHAN S/O SRI RAM VILAS CHOUDHARY ROAD NO. -8B, RAJIV NAGAR, P.S- RAJIV NAGAR, DISTT- PATNA Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY WATER RESOURCES DEPARTMENT, GOVT.OF BIHAR,PATNA 3. THE SECRETARY MINOR WATER RESOURCE DEPARTMENT, BIHAR, PATNA 4. JOINT SECRETARY MINOR WATER RESOURCES DEPARTMENT, BIHAR, PATNA 5. THE DEPUTY SECRETARY MINOR WATER RESOURCES DEPARTMENT, BIHAR, PATNA ----------- 2. 09.11.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner was subjected to departmental proceedings on the sole charge of non-paging of records which may have facilitated introduction of papers in the tender bid documents. In the departmental proceedings, the petitioner has admitted that the files were not paged. The charge stands admitted by him. The submission of the petitioner is that the Enquiry Officer had recommended that it was not a serious matter and therefore the punishment of censure to be entered in his service book from 2007-2008 was unwarranted. The second submission is that when the petitioner gave his reply to the second show cause notice, the same has not been properly considered and the appellate order dated 23.3.2009 also is non-speaking in nature. The order of punishment dated 24.6.2008 therefore stands vitiated. The law stands well settled that in a departmental proceeding where the charge itself is admitted, any alleged procedural irregularities are irrelevant. Nothing need to be proved when it is admitted. Section 58 of the Evidence Act also provides that admitted charges need not be proved. In 2008 (5) SCC 569 this is the principle enunciated with regard to the departmental proceedings. If the petitioner had not admitted the charges, the issue of the appellate order being non-speaking etc. may have been relevant. In the facts of the present case, when the charge stands admitted, this Court holds that the order of punishment or the appellate order non-speaking but confirming the original order does not cause any prejudice to the petitioner and does not stand vitiated for absence of reasons. In any event, the punishment is minor of censure only. The writ application is dismissed. Snkumar/- (Navin Sinha,J.)