IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12186 of 2002 AKHILESH KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 3. 06.03.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. Challenging the order of punishment dated 29.10.1992 learned Counsel submits that before issuance of the same no second show cause notice was issued. The second ground urged was that on the same charges a criminal case was also registered in which final form, mistake of fact, came to be submitted and which was accepted by the court of Chief Judicial Magistrate. When this Court made a query with regard to the reply filed by the petitioner in the departmental proceeding and whether during proceedings the petitioner had filed any application with regard to procedural irregularities in the departmental proceedings, and also a copy of the memo of charges to satisfy this Court if the charges in the departmental proceedings and the police case were identical, learned Counsel fairly submits that he is not in a position to make those materials available to this Court because despite communication to his client he has received no response from him and that despite having with him a copy of the memo of charges he is not in a position to place the same on record by way of an affidavit. This Court does not consider it proper to hear the writ application on materials outside the record which the Counsel for the State may not have opportunity to rebut. In that view of the matter, this Court finds it difficult to adjudicate the matter in its present form. The writ application is dismissed. Snkumar/- (Navin Sinha,J.)