IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15643 of 2010 1. DHANBIR JHA, JUNIOR ENGINEER, ZILA PARISHAD, MADHUBANI S/O LATE PUNIT LAL JHA PERMANENT R/O VILL. + POST- GANDHWAR, BLOCK- RAHIKA, P.S.- RAHIKA, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, MADHUBANI 3. THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER ZILA PARISHAD, MADHUBANI 4. THE DEPUTY CHIEF EXECUTIVE OFFICER ZILA PARISHAD, MADHUBANI 5. THE DISTRICT ENGINEER, ZILA PARISHAD, MADHUBANI 6. THE SUB DIVISIONAL OFFICER JHANJHARPUR SUB DIVISION, DISTT.- MADHUBANI 7. THE EXECUTIVE ENGINEER R.E.O. (W) DIVISION - JHANJHARPUR, DISTT.- MADHUBANI ----------- 2. 21.06.2011 Heard learned counsel for the petitioner and the State. No one appears for the Zila Parishad, Madhubani despite service of copy of the writ application and the name of the counsel appearing in the cause list. Learned counsel for the petitioner submits that the enquiry officer had only recommended warning, which was not a punishment. Differing with which punishment has been imposed without a second show cause notice for a difference of opinion on disclosed grounds. He relies on an order of this Court in C.W.J.C. No. 2699 of 2010 questioning an order of punishment against another Junior Engineer in a parallel scheme for which likewise the enquiry officer had recommended warning when a 2 major punishment of stoppage of two increments with cumulative effect was passed as directed presently also along with entry in the service book. The writ application was served on the Zila Parishad on 8.2.2010. One year and four months has not been considered sufficient by it to file a counter affidavit. The writ application is disposed off in similar terms as C.W.J.C. No.2699 of 2010. The impugned punishment dated 17.8.2009 is set aside and the matter is remanded to the disciplinary authority to proceed afresh from the stage of submission of the enquiry report as discussed in the aforesaid order of this Court. Let the departmental proceedings be then concluded in accordance with law within a maximum period of four months from the date of receipt and/or presentation of a copy of this order. The writ application stands allowed. P. Kumar ( Navin Sinha, J.)