IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6024 of 2011 Manoj Kumar Singh, son of Late Shiojee Singh resident of S.K. Colony, Kankarbagh, P.S. Kankarbagh, Patna …Petitioner Versus 1. Bihar State Food & Civil Supplies Corporation, through the Managing Director, Head office Sone Bhawan, 5th Floor, Birchand Patel Path, Patna 2. The Managing Director Bihar State Food & Civil Supplies Corporation, Sone Bhawan, 5th Floor,Birchand Patel Path, Patna 3. The Chief of Administration, Bihar State Food & Civil Supplies Corporation Sone Bhawan, 5th Floor, Birchand patel Path, Patna …Respondents For the Petitioner :Mr. Mithilesh Kumar For the respondents :Mr. R. S. Pradhan & :Mr. A. N. Rai ----------- 05. 12.08.2011 Petitioner initially approached this Court against the order by which he was placed under suspension. During the pendency of this application, the final order in the departmental proceeding has been passed. Petitioner has filed an interlocutory application to amend the writ petition in order to challenge the final order passed by the disciplinary authority. It is the contention of the petitioner that before passing final order in the departmental proceeding, he was not afforded copy of the enquiry report to submit his explanation. It is also the contention of the petitioner that show cause notice was all the more necessary since the Enquiry Officer had exonerated him of the charge(s). It is the stand of the petitioner that the enquiry report was made available to him when he made application under Right to Information Act (RTI). Now since the enquiry report is with the petitioner, he may file an appeal against the impugned order inflicting 2 punishment and raise all the issues of facts and law. While preferring the appeal the petitioner shall have the benefits of perusal of the enquiry report. In view of the ratio laid down in 1998 4 SCC 310 (Union Bank of India vs. Vishwa Mohan), no prejudice shall be caused to the petitioner since while preferring appeal he will have the benefit of perusing the enquiry report. Petitioner shall also have the right to raise all issues of fact and law which shall be considered by the appellate authority in accordance with law. In that view of the matter, this Court without interfering with the order impugned, permits the petitioner to file appeal raising all the issues of facts and law within four weeks from today together with the copy of the present order. The appellate authority is expected to consider each and every aspect of the matter dealt with in memo of appeal and take appropriate decision in accordance with law within a reasonable period of time. The application is disposed. hr ( Kishore K. Mandal )