IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2179 of 2010 BHAJU PRASAD S/O LATE DEOPATI SINGH R/O VILL.- ROHANBIGHA, P.S. BELAGANJ, DISTT.- GAYA Versus 1. THE STATE OF BIHAR, THROUGH THE COLLECTOR, GAYA 2. THE BODH GAYA TEMPLE MANAGEMENT COMMITTEE, THROUGH IT'S CHAIRMAN CUM COLLECTOR, GAYA 3. THE CHAIRMAN BODH GAYA TEMPLE MANAGEMENT COMMITTEE BODH GAYA CUM COLLECTOR, GAYA 4. THE SECETARY BODH GAYA TEMPLE MANAGEMENT COMMITTEE BOADH GAYA, DISTT.- GAYA 5. THE ADDITIONAL COLLECTOR (NUXAL) CUM CONDUCTING OFFICER, GAYA ----------- 04. 15.03.2010 Heard learned counsel for the petitioner and the counsel for the State who prays for time as he is not able to receive instruction in the light of the orders of this Court dated 8.3.2010, although he issued fax message on the same date requesting the Collector, Gaya to furnish instruction as to whether the impugned order dated 9.11.2009 Anneuxre-1 was passed without serving the copy of the inquiry report on the petitioner. As this Court had earlier adjourned the matter, I am not inclined to grant any further indulgence to the counsel for the State and the matter is taken up for admission. 2. Petitioner an employee of the Bodh Gaya Temple Managing Committee(hereinafter referred to as the Committee) is aggrieved by the order dated 9.11.2009, Annexure-1 passed by the District Magistrate, Gaya cum Chairman of the Committee, whereunder petitioner has been removed from the post of Personnel Relation Officer in the light of the inquiry report submitted by the inquiry officer pursuant to memo of charge in form-ka served on the petitioner. 3. Counsel for the petitioner with reference to the averments - 2 - made in paragraphs-2 and 19 of the writ application categorically stated that the inquiry report was never served on the petitioner and to verify the aforesaid submission counsel for the state was allowed adjournment on 8.3.2010 but he is not able to receive the instructions. In the circumstances, this Court deems it appropriate to conclude that impugned order of removal has been passed without serving the copy of the inquiry report on the petitioner. Accordingly, the impugned order dated 9.11.2009, Annexure-1 is set aside with direction to the Chairman of the Committee to ensure service of the copy of the inquiry report on the petitioner with further direction to the petitioner to furnish his second show cause reply and on receipt of the same the Chairman should pass appropriate final order in accordance with law as early as possible, in any case within two months from the date of service of the inquiry report along with second show cause notice on the petitioner. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)