IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3760 of 2005 Iftekharul Haque son of Sri Reyazul Haque at present correspondence Clerk at Rural Development Special Division No. 2 Samastipur. Versus 1. THE STATE OF BIHAR through the Commissioner Minor Irrigation Department, Bihar Patna. 2. The Joint Secretary Minor Irrigation Department Bihar Patna. 3. The Deputy Secretary, Minor Irrigation Department Bihar Patna. 4. The Chief Engineer Minor Irrigation Department Muzaffarpur. For the Petitioner :- Mr. Md. Naushad, Adv. Mrs. Zakla Naushad, Adv. For the State :- Mr. Dhirendra Kumar Jha,-2 A.C to S.C -9 ----------- 3 01.04.2011 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for quashing the order contained in memo No. 3348 dated 3.7.2003, issued under the signature of Joint Secretary Minor Irrigation Departmnt awarding punishment to the petitioner in a departmental proceeding. Petitioner has alleged that without completing the departmental proceeding, the order of punishment has been passed. He was not even given an opportunity to file show cause, despite specific direction issued by the High Court in C.W.J.C No. 2409 of 1998. In support of this contention that petitioner was not afforded any opportunity to file show cause, several documents have been annexed with the Writ Petition. On perusal of documents, it transpires that on different dates petitioner visited the office of the Chief Engineer, Minor Irrigation, Anchal Muzaffarpur, so that he can get an opportunity 2 to peruse relevant record, and file his show cause. Since he was not being allowed to look into the connected records, he made correspondence at the Government level. and directions were issued at Government level to the Chief Engineer, Minor Irrigation Anchal, Muzaffarpur for allowing the petitioner to look into the connected records, but till 2003 petitioner was not assigned this opportunity. He did not file his show cause, witnesses were not examined and final order was passed vide order dated 3.7.2003, awarding major punishment of withholding three increments with cumulative effect, restraining the petitioner from holding any post of responsibility for three years, as well as non payment of salary for the period of suspension except the subsistence allowance. In the counter affidavit, filed on behalf of the State, it has been stated that taking advantage of the direction issued by the High Court, to allow the petitioner opportunity to look into the connected record for filing show cause, petitioner intentionally did not peruse relevant records and even refused to file show cause. The respondent authority, having no other option had to pass final order of punishment vide order contained in Annexure-9. Even if, the statement made in the counter affidavit, regarding misuse of observation in the writ application, is admitted, by the petitioner the Respondent could not have awarded major punishment, without even looking into the show cause of the petitioner. Major punishment has been awarded to the petitioner, without properly conducting the Departmental Proceeding. Such order cannot be considered to be a legal order. 3 Considering all these facts the order contained in Annexure-9 date 3.7.2008 to the writ application is quashed. The petitioner is directed to appear before the Chief Engineer, Miner Irrigation Department, Anchal Muzzaffarpur on 25th of April, 2011. The Chief Engineer, Minor Irrigation Department, Muzaffarpur will produce the connected records before the petitioner, for its perusal. In case the petitioner will require one more day, to look into all these documents, opportunity will be provided by the Respondent. Thereafter the petitioner will file a show cause, latest by 16th of May 2011. The departmental proceeding initiated against the petitioner, must finally conclude within 6 months from the date of submission of show cause by the petitioner. Petitioner will be intimated about the dates on which departmental proceeding will be conducted. He will also be allowed to examine and cross examine witnesses. Following all formalities, as required under the law, for conducting a departmental proceeding, final order must be passed within 6 months from the date of submission of show cause by petitioner. This application is disposed of with the above observation. Prakash ( Mridula Mishra, J.)