IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5383 of 2004 ARUN KUMAR "SUMAN", son of late Shita Ram Sharma, resident of village – Motihari Tola Kharidi, Police station - Matihani, District – Begusarai at present posted at Son Canal Division Ara. Versus 1. THE STATE OF BIHAR. 2. The Secretary, Department of Water Resources, Bihar, Patna. 3. The Under Secretary, Department of Water Resources, Bihar, Patna. 4. The Deputy Secretary, Department of Water Resources, Bihar, Patna. 5. The Engineer-in-Chief, Department of Water Resources, Bihar, Patna. 6. The Chief Engineer, Department of Water Resources, Purnea. 7. The Chief Engineer, Water Resources Department, Dehri-on- sone. 8. The Superintending Engineer, Flood Control Circle, Katihar. 9. The Executive Engineer, Irrigation Division, Katihar. ----------- 03. 26.7.2010 Annexure-7 is the order of punishment passed against the petitioner. This punishment order is supposed to have been passed after holding a departmental enquiry against the petitioner on the set of charges levelled against him. It is a categorical statement of the petitioner in para 33 of the writ application that petitioner was neither given copy of the enquiry report nor a second show cause before imposition of punishment by the disciplinary authority. The State has not bothered to file counter affidavit despite the writ application pending before this Court for last six years and indulgence shown to the State counsel on earlier occasion. In absence of any denial the Court is left with no option but to accept the statement made in the writ application. Annexure-7 is quashed and the matter is remitted back to 2 the disciplinary authority to do the needful in view of the infirmity pointed out in the earlier part of the order. Writ is allowed with the above direction. rkp ( Ajay Kumar Tripathi, J.)