IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9493 of 2006 RAM JATAN PRASAD SINHA Versus THE STATE OF BIHAR & ORS ----------- 5 10/9/2008 Heard counsel for the parties. In terms of the previous order dated 13.8.2008 a supplementary counter affidavit has been filed, from which it has now become clear that the impugned order of punishment came to be passed on the basis of the enquiry report in which charges were said to have been proved. Such enquiry report is dated 20.11.2003 which is Annexure-H to the supplementary counter affidavit. Such enquiry report refers to two reports of the District Education Officer which were produced before the Enquiry Officer for the purposes of proving the charges. Apparently, report of the District Education Officer, Bhagalpur dated 6.11.2003 came into existence after framing of memo of charge and therefore if the Enquiry Officer for any purpose had sought to rely on the same he was duty bound to first bring that material to the notice of the petitioner and then alone 2 place reliance on the same for recording his findings. That having been not done, this Court can not approve the consequential impugned order of punishment the ground of violation of principles of natural justice. In that view of the matter the impugned order of punishment is quashed. This Court, however, considering that such order of punishment has been set aside only on technical ground and would remit the matter back from the stage the petitioner was given second show cause notice. The Director Secondary Education on the basis of the enquiry report submitted before him and all other materials as with regard to enquiry report or any other material collected in course of departmental proceeding would issue a fresh show cause notice enclosing not only the enquiry report, any such report which has been earlier not made available to the petitioner including letter of the District Education Officer, Bhagalpur dated 6.11.2003. After such a compact second show cause is served on the 3 petitioner, he will be submitting his reply within a period of six weeks, whereafter the Director Secondary Education will pass fresh order. Considering the fact that the petitioner is a retired teacher and has been subjected to an order of punishment of making recovery and/or stoppage of pension permanently, this Court would direct the respondents to expedite the matter and ensure that the final order in the departmental proceeding is passed within a period of six months from the date of filing of show cause reply by the petitioner. This application is allowed to the aforementioned extent. ( Mihir Kumar Jha, J. ) Abhay Kumar