IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1473 of 2001 DEVENDRA PRASAD Versus THE STATE OF BIHAR & ORS ----------- 3/ 28/8/2008. Heard learned counsel for the petitioner and learned counsel for the State. Departmental proceedings were drawn up against the petitioner when memo of charges were served upon him on 2.2.1999. The charges were of unauthorized absence, departure from the office without permission after having marked attendance, non-compliance of directions of the superior authorities and conduct unbecoming of a Government servant, as also indulging in direct correspondence with the Department. That the petitioner demanded documents on which memo of charges was based and which was not supplied to him does not impress this Court for the simple reason that from his reply to the memo of charges dated 22.2.1999 this Court is satisfied that he has not been prejudiced in any manner. He was in possession of all necessary information and materials and vide a detailed reply running into 19 pages dealing with each of the charges separately with dates and facts. However, there is much substance in the submission of the counsel for the petitioner that the order of punishment followed thereafter in pursuance of the enquiry without furnishing a copy of the enquiry report to the petitioner and opportunity to show cause against the proposed punishment. From the order of punishment dated 6.4.2000 at annexure-17 to the writ application it is apparent that it was being - 2 - passed in pursuance of an enquiry report submitted in the departmental proceeding. Despite specific averment in paragraphs 58 and 59 of the writ petition that the copy of the enquiry report was never made available to the petitioner before the order of punishment came to be passed, the same has not been denied in the counter affidavit which only states that the aforesaid paragraphs have been answered in the other paragraphs of the writ petition when the other paragraphs do not suggest supply of the enquiry report to the petitioner at any stage and only contend that the departmental enquiry was conducted in accordance with law and the punishment had been imposed after examining the enquiry report. An appeal preferred by the petitioner has likewise been rejected. Notwithstanding the order of this Court dated 5.2.2001 requiring the respondents to place on record a copy of the enquiry report along with their counter affidavit, the respondents have failed to do so. The petitioner has, in the meantime, superannuated on 1.3.2005. In accordance with law settled for conduct of departmental proceedings, the order of punishment without serving a copy of the enquiry report along with the proposed punishment vitiates the order of punishment completely and consequently the appellate order also stands vitiated. In normal circumstances the appropriate order to be passed was to remand the matter to the authorities to proceed further from the stage of irregularity in procedure. However, in the facts of the present case no useful purpose will be served by doing so. There - 3 - are no serious allegations of misconduct on the part of the petitioner causing loss to the Government. The allegations related to his conduct while he was in the office. He is no more in office. This Court, therefore, holds that the order of punishment dated 6.4.2000 is vitiated in law. Consequently, the appellate order dated 18.12.2000 also falls which in any event is non-speaking in nature and does not even contain a brief discussion of the findings in the enquiry report, the grounds taken in the appeal to display application of independent mind by the appellate authority so that the petitioner may have had the satisfaction that the grounds urged in the appeal have been properly considered, whatever be the final order. The impugned orders are accordingly set aside. The petitioner is entitled to his salaries for the periods in question, to be paid to him within a maximum period of four months from the date of receipt/production of a copy of this order. The writ application stands allowed. KC ( Navin Sinha,J )