IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7977 of 2011 Sri Narayan Ram, s/o- Late Govind Ram, r/o- Mohalla- Upardila, P.O.- Chand Chaura, P.S.- Civil Lines, District- Gaya. Versus 1. The Chairman, The Bihar State Electricity Board, Patna. 2. The Secretary, Bihar State Electricity Board, Patna. 3. The Joint Secretary, Bihar State Electricity Board, Patna. 4. The Account Officer (Pension)-cum-Inspection Officer, Bihar State Electricity Board, Patna. ----------- 4 20.07.2011 Petitioner was proceeded against departmentally. The Enquiry Officer submitted his report dated 20.5.2010 wherein the charges were held to be proved. By communication dated 23.8.2010, the petitioner was provided the copy of the enquiry report seeking his response thereon. Petitioner replied thereto on 13.9.2010. The Disciplinary Authority considered the enquiry report in the light of explanation submitted by the petitioner which was found unsatisfactory and accordingly, he was again issued notice on the proposed punishment. The said notice was replied by the petitioner by communication dated 27.12.2010. The Disciplinary Authority considered the entire matter emanating from the records and found that his negligence in discharge of duties facilitated defalcation of Rs. 5,57,153/- and thus imposed punishment of forfeiture of 25% of pension. In my view, no illegality was committed by the respondent in concluding the proceeding. At every stage, as per requirement of law, petitioner was afforded opportunity 2 to submit his show cause which was/were considered. Law is well settled. This Court, while exercising power of judicial review has to satisfy itself as to whether there is any defect and/or illegality in the decision making process causing any prejudice to the delinquent. Correctness or otherwise of the charge cannot be gone into. Reference in this regard be made to a judgment of the Hon’ble Apex Court in the case of Union of India & Ors. versus Upendra Singh since reported in (1994) 3 S.C.C. 357. The application has no merit. It is accordingly dismissed. pkj ( Kishore K. Mandal, J)