IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11700 of 2002 WAKIL PRASAD BASU Versus THE STATE OF BIHAR & ORS ----------- 4. 5.3.2009 Heard learned counsel for the petitioner and the State. The petitioner was placed under suspension on 29.5.2001 when chargesheet was served on him. The charges related to non- joining of the transferred post. An enquiry report came to be submitted exonerating him. The disciplinary authority proceeded to impose the punishment of stoppage of increment for one year and that for the period of suspension nothing beyond subsistence allowance was payable. Learned counsel makes a short submission that neither the enquiry report was given to him nor a second show cause notice was issued by the disciplinary authority of the reasons for which the disciplinary authority differed with the report of exoneration before imposing the order of punishment. No counter affidavit has been filed. From the order of punishment dated 27.10.2001 at Annexure-3, the disciplinary authority noticed the exoneration by the enquiry officer but then proceeded on the promise that he had gone through the records himself and was satisfied that punishment was required to be imposed. The laws stands well settled that in a disciplinary proceeding before awarding the punishment, major or minor, on an enquiry report of exoneration, the disciplinary authority is required to - 2 - give a show cause notice setting out the ground on which he proposes to differ with the report of exoneration and the materials on basis of which the difference of opinion was proposed. In absence of this procedure, the order for punishment is not sustainable. The order dated 27.10.2001 is, accordingly, set aside and the matter is remanded to the disciplinary authority to proceed afresh in accordance with law from the stage of submission of the enquiry report and conclude the proceeding preferably within a maximum period of three months from the date of receipt/production of a copy of this order. The application stands allowed. P. Kumar (Navin Sinha, J.)