IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14147 of 2003 Krishna Kishor Tiwary, Son of Late Narsing Tiwary, Resident of Village- Kutumba, P.S.-Kutumba, District-Aurangabad. -Petitioner. VERSUS 1. The State of Bihar. 2. Chairman, Aurangabad Zila Parishad, Aurangabad. 3. Deputy Development Commissioner-cum-Chief Executive Officer, Aurangbad. 4. District Development Officer (D.D.O.), Aurangabad. 5. Zila Parishad, Aurangabad through its Chief Executive Officer, Aurangabad. ----------- 07 07.08.2009 The petitioner was a “Vaidya” in the Zila Parishad, Aurangabad, who has since retired. It appears that in January 2001 departmental proceeding against him was initiated and he was suspended. He came to this Court. This Court disposed of the writ petition with a direction to the respondents to conclude the departmental proceedings by 30th June, 2001, as the petitioner was to superannuate on the 30th July, 2001. Charge sheet was served on the petitioner, petitioner showed cause and enquiry report was submitted on which disciplinary authority passed an order deducting three months salary of the petitioner and holding that the petitioner would not get any extra remuneration for the period of suspension. Petitioner has challenged this order of punishment dated 27.06.2001 on various grounds. In the writ petition, there are specific pleadings to the effect that the whole proceeding was sham. In fact, no enquiry was held, no evidence recorded and petitioner was not given any chance to lead his evidence. Counter affidavit has been filed. In the counter affidavit, - 2 - replies to other paragraphs specifically have been given but to the factual assertions, as aforesaid, the counter affidavit refuses to controvert the assertions. The result is that the factual assertion of the petitioner that in fact there was no enquiry as contemplated in law stands unrebutted, if that be so then the entire departmental proceeding stands vitiated including the order of punishment dated 27.06.2001, as contained in Annexure-6. The writ petition is allowed. Trivedi/ (Navaniti Prasad Singh, J.)