IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19739 of 2010 RAMADHAR PRASAD Versus 1. THE STATE OF BIHAR 2. THE RDD OF EDUCATIN, SARAN DIVISION, CHAPRA 3. THE DEO, SIWAN 4. THE HEADMASTER GOVERNMENT BASIC SCHOOL, MUSSEPUR, SIWAN. ----------- 2 09.12.2010. Heard learned counsel for the parties. The petitioner submits that he was appointed in the Basic school in the year 1991 from the approved panel. He is aggrieved by Memo no. 1074 dated 6.11.2010 issued by the RDDE Saran Division, Chapra Division, whereby his service has been terminated. It appears from the impugned order that the enquiry was conducted pursuant to orders passed in C.W.J.C.No. 8942 of 2001 and 10212/2001. In course of enquiry, charges were served on delinquents and petitioners were asked to place their side of case. After enquiry the enquiry officer submitted his report vide letter no. 494 dated 6.7.2010. In course of enquiry it was found that the petitioner’s name did not figure in the approved list commencing from Serial no. 1 to 150 contained in letter no. 747 dated 11.12.1990. The enquiry 2 report further shows that the petitioner was appointed in derogation of seniority list. The petitioner states that neither copy of charge sheet nor copy of enquiry report was served on him. Counsel for the State submits that after issuance of show cause notice charges were framed by Enquiry officer in the departmental proceeding and thereafter the enquiry was concluded. It appears that at least no enquiry report was annexed with the show cause notice to enable the petitioner to file reply to the charges. It appears that without giving any opportunity of hearing order of dismissal from service was passed. In similar circumstances, a bench of this Court disposed of C.W.J.C.No. 19306/10 vide order dated 26.11.2010 quashing the impugned order and directed to reinstate the petitioner in service. However, this Court granted liberty to the petitioner to conduct afresh enquiry in accordance with law. In view of the facts noticed above, this Court quashes the impugned order contained in Memo no. 3 1074 dated 6.11.2010 issued by the RDDE Saran Division, Chapra Division, dismissing the petitioner from service. Petitioner would be reinstated in service. However, liberty is given to the department to serve a fresh charge sheet and to continue with the departmental proceeding and conclude the same at the earliest in accordance with law. Let a copy of this order be communicated to the Director, Primary Education as well as RDDE, Saran Division, Chapra. The writ petition is thus disposed of. Shashi. (Samarendra Pratap Singh, J.)