IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1874 of 2008 Rajeshwar Prasad Roy, son of late Hari Narayan Prasad Roy, resident of Mohalla Anderkila P.O. and P.S. Hajipur, District Vaishali, Retired Head Master of Nationalized High School Fulwarisharif, Patna……Petitioner. Versus 1. State of Bihar. 2. Principal Secretary, Secondary Human Resources Development Department, Government of Bihar, Patna. 3. Director, Secondary Education, Govt. of Bihar, Patna. 4. District Education Officer, Patna………………………………….. …………………………..Respondents ----------- 4 22.06.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. By Annexure-5, on conclusion of a departmental proceeding, petitioner has been awarded punishment of censure and withholding of his full salary of suspension period except the subsistence allowance. Learned counsel for the petitioner submits that a full-fledged enquiry was initiated against the petitioner and Enquiry Officer was appointed who submitted his report, but copy of the enquiry report was not made available to the petitioner and no show cause notice was issued to him by the Disciplinary Authority before 2 awarding punishment. He also submits that for withholding of his full salary of suspension period, no separate show cause notice was issued to him which was mandatory, as held by a Division Bench of this Court in the case of Dinesh Singh Vs. State of Bihar, reported in 2006 (4) PLJR 515. Though a counter affidavit has been filed by the respondents in the case, this fact is not denied that a copy of the enquiry report was not made available to the petitioner and second show cause notice was also not issued to him by the Disciplinary Authority before passing the impugned order of punishment. In view of the said judgment of the Division Bench of this Court, learned counsel for the respondents also fairly accepts that under law, separate show cause notice was required to be issued to the petitioner for withholding of his full salary of suspension period which was not done. In the circumstances, this Court finds that in view of the admitted facts, there is violation of Principles of Natural 3 Justice in the case. Accordingly, the writ application is allowed. The order of punishment as contained in Annexure-4 and the appellate order as contained in Anexuree-5 are quashed. As a consequence of quashing of the impugned orders of punishment, petitioner will be entitled to his dues, as may be admissible to him, which should be paid preferably within a period of three months from the date of receipt/production of a copy of this order. BT (J. N. Singh, J.)