IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14635 of 2004 Dr. Jagdish Choudhary, son of Late Ayodhi Choudhary, village Tullapatti, PS Pipra Bazar, District Supaul – Petitioner. Vs. 1) The State of Bihar, 2) The Commissioner cum Secretary, Health Medical Education and Family Welfare Department, Bihar, Patna. 3) The Joint Secretary, Health Medical Education and Family Welfare Department, Bihar, Patna. 4) The Dy. Secretary, Health Medical Education and Family Welfare Department, Bihar, Patna. 5) The Director, Health Services, Bihar, Patna. 6) The Regional Dy. Director, Health Services, Saran Division, Chapra. 7) The Civil Surgeon cum Chief Medical Officer, Gopalganj – respondents. 5 18.3.2011 In this writ petition, the petitioner has challenged the letter contained in Annexure 1 on the ground that it is non- speaking and stating that the petitioner has been dismissed from service because of irregularity in the process of ordering purchase of medicines. Learned counsel for the petitioners submits the purpose of issuing a second show cause is to give the person concerned an opportunity to explain the allegations which have surfaced in the enquiry report. The disciplinary authority must apply its mind to the show cause and either reject or accept the reasons in the show cause by a speaking order. The submission of the petitioner that Annexure 1 is not speaking order is substantiated for the reasons being mentioned by learned counsel for the petitioner. I accordingly quash Annexure 1 and remit the matter back to the Secretary, Health Medical Education and Family 2 Welfare Department, Bihar to pass a reasoned order within a period of four months on receipt of a copy of this order. The petitioner should produce a copy of this order along with a representation, and the second show cause filed by him during the proceeding before respondent no.2 within six weeks. The consequential benefits would be subject to the final disposal of the matter by respondent no. 2. This writ petition is allowed with the aforesaid directions. haque ( Sheema Ali Khan, J.)