IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.8010 OF 2007 SUJEET KUMAR SINHA, S/O LATE MAHENDRA PRASAD R/O KHOPAITI, P.O,BALAMGARIHIYA, P.S MADHEPURA, DISTRICT MADHEHPURA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.COMMISSIONER CUM SECRETARY, PRIMARY SECONDARY AND ADULT EDUATION, BIHAR, PATNA OFFICER. 3.REGIONAL DEPUTY DIRECTOR OF EDUCATION, KOSHI DIVISION, SAHARSA, DISTT. SAHARSA. 4.DISTRICT EDUCATION OFFICER, MADHEPURA, DISTRICT MADHEPURA. 5.DISTRICT SUPERINTENDENT OF EDUCATION, MADHEPUAR, DISTRICT MADHEPURA. 6.PRINCIPLE, PRIMARY TEACHER EDUCATION COLLEGE, SUKHASANMANAHARA, DISTRICT MADHEPURA. ………………………RESPONDENTS. For the petitioner:Mr. Sharda Nand Mishra, Adv and Mr. Dhananjay Kumar. For the respondents:Mr. Awadesh Pandey. ----------- 05/ 16.11.2011 Heard counsel for the parties. In response to the order dated 30.09.2011 Mr. Suresh Choudhary, the then District Education Officer, Madhepura who had sworn and filed the earlier counter affidavit by filing a supplementary counter affidavit has frankly concealed that there is no proof of the service of the inquiry report on the petitioner. In the considered opinion of this Court such admission on the part of Mr. Choudhary would mean that he had created a false impression in the counter affidavit 2 while adverting to paragraph no. 18 of the writ petition. Be that as it may, this Court would warn Mr. Choudhary to remain very careful in future while swearing such affidavit in a Court of law. Once this aspect becomes clear that the copy of the inquiry report was not supplied to the petitioner, this Court would find it difficult to sustain the impugned order of punishment. The order of punishment is, accordingly, quashed and the matter is remitted back to the Regional Deputy Director of Education, Saharsa who shall now get the inquiry report served on the petitioner and proceed afresh from the stage of service of inquiry report. The petitioner upon service of inquiry report will submit his comments/reaction within a period of four weeks and the final order thereafter, will be passed by the Regional Deputy Director of Education, Saharsa in next two months. Let it be made clear that this Court has not gone into the merits of the charges and has interfered with the order of 3 punishment merely on account of non service of the inquiry report, which has been held to be mandatory in the judgment of the Apex Court in the case of Managing Director, ECIL, Hyderabad and Ors vs B. Karunakar and Ors, reported in 1993(4) SCC 727. That being so, this application is allowed to the extent indicated above and the matter is remitted back to the Regional Deputy Director of Education, Saharsa as directed above. The personal appearance of the present D.E.O, Madhepura and also Mr. Suresh Chaudhari, the former D.E.O. is also dispensed with. Ranjan (Mihir Kumar Jha, J.)