IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2166 of 2010 DR. KAILASH PRASAD SHARMA S/O SRI MISHRI PRASAD SHARMA R/O VILL.- MATASI, P.S. HALSI, P.O. MATASI, DISTT.- LAKHISARAI Versus 1. THE STATE OF BIHAR 2. ADDITIONAL SECRETARY GOVERNMENT OF BIHAR, DEPARTMENT OF HEALTH, NEW SECRETARIAT, PATNA 3. DEPUTY SECRETARY-CUM-DISPLINARY AUTHORITY DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 4. JOINT SECRETARY DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA ----------- 02. 03.12.2010 Stand of the petitioner is that the impugned order contained in Annexure-6 by virtue of which certain punishments imposed upon him has been upheld primarily on the ground that the petitioner had failed to file any show cause to the second show cause issued to him. However, learned counsel for the petitioner brings to my notice the information which he had obtained under Right to Information Act. Which would show that the second show cause of the petitioner is very much available in the original records on page 141 of the file in question. So, it is obviously a case of non-application of mind and order passed in haste. If the authenticity of the information provided under the Right to Information Act is not questioned then obviously the basis for imposition of punishment in terms of Anneuxre-6 seems to be an error or omission. The said order is quashed. The matter is remanded back to the disciplinary authority that after taking note of the show cause which is 2 available on the file, he shall pass fresh order in this regard. The writ application is disposed of with above direction. rkp ( Ajay Kumar Tripathi, J.)