IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8155 of 2003 DR.SURENDRA CHOUDHARY son of Late Harish Chandra Choudhary resident of village Tatuar P.S. Manigachi, District- Darbhanga at present Medical Officer, P.H.C. Bikramganj (Rohtas). … Petitioner. Versus 1. THE STATE OF BIHAR , through Commissioner-cum-Secretary, Health Department, Govt. of Bihar, Patna. 2. Additional Secretary, SWastha Chikitsa Family Planning Department, Govt. of Bihar, Patna. 3. Deputy Secretary- cum-Chief Vigilence Officer, Swastha Chikitsa, Shiksha and Family Planning Department, Bihar, Patna. … Respondents. ----------- 3. 30.08.2010 Having heard Mr. Tara Nath Jha, learned counsel for the petitioner and learned counsel for the State as with regard to the following prayer of the petitioner in this writ application; “1. That this is an application for issuance of a writ in the nature of Certiorari for quashing the part of the order issued vide Memo No. 437(18) dated 27/4/98 under the signature of respondent no.3 under which the petitioner was awarded three punishments and further for issuance of an appropriate writ/order/direction directing the respondents to make the payment of full salary during the period when the petitioner remained under suspension with all consequential benefits including all the increment etc as admissible to the petitioner in accordance with law.” this Court is of the considered opinion that the same has to 2 be allowed inasmuch as in the counter affidavit filed by the State it has been accepted that pursuant to a departmental proceeding the order of punishment withholding three increments with cumulative effect as also denial of payment of salary beyond subsistence allowance was passed without supplying the copy of enquiry report to the petitioner. In that view of the matter, this Court will have little option but to quash the impugned order of punishment in terms of law laid down by the Apex Court in the case of Managing Director, ECIL, Hyderabad & Ors. B. Karunakar & Ors., reported in 1993(4) SCC 727 and remit the matter back to the competent authority who will have to proceed afresh from the stage of receipt of inquiry report. The competent authority would therefore supply a copy of the enquiry report to the petitioner and thereafter would pass his consequential order after considering comments/reaction to the enquiry report, if any, filed by the petitioner within prescribed time frame. Such exercise must be completed within a period of six months from the date of receipt/production of a copy of this order. 3 It goes without saying that any financial benefit to which the petitioner may become entitled on account of the said order will be extended to him only after passing final order as indicated above. With the aforementioned observation and direction, this writ application is disposed of. kanchan/- ( Mihir Kumar Jha, J.)