IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11186 of 2010 MAHENDRA PRASAD S/O LATE BHIMAL RAM R/O VILL.- SANIECHAK, P.S.- FULWARI SARIF, DISTT.- PATNA, AT PRESENT RESIDING IN MOHALLA- KURJI, MAGADH COLONY NEAR BHAGORA ASHRAM, P.S.- DIGHA, DISTT.- PATNA-10, POSTED AS ASSISTANT MANAGER, DISTRICT OFFICE, BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION, BETIAH, EAST CHAMPARAN Versus 1. THE BIHAR FOOD AND CIVIL SUPPLIES CORPORATION LTD., THROUGH THE MANAGING DIRECTOR, SONE BHAWAN, BIRCHAND PATEL PATH, PATNA 1 2. THE MANAGING DIRECTOR, BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LTD., SONE BHAWAN, BIRCHAND PATEL PATH, PATNA-1 3. THE CHIEF OF ADMINISTRATION, BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LTD., SONE BHAWAN, BIRHCHAND PATEL PATH, PATNA-1 For the Petitioner : Mr. Gajendra Kumar Jha-2, Advocate. For the Corporation : M/s R.S. Pradhan, Sr. Adv, A.N. Rai, Advocate. ----------- 03. 27.07.2010 Heard learned counsel for the petitioner and the counsel for the Bihar State Food and Civil Supplies Corporation Ltd.(hereinafter referred to as the Corporation). 2. Petitioner at the relevant time served the Corporation as Assistant Godown Manager. He is aggrieved by the office order No.385 dated 13.1.2010, Annexure-8, whereunder he has been directed to bear 50% of the loss caused in the godown which was under his charge. 3. It is submitted on behalf of the petitioner that impugned order dated 13.1.2010, Annexure-8 has been passed without giving him any opportunity to defend that he is not responsible for causing loss of grains in the godown. In this connection, it is pointed out that on 10.7.2005 petitioner was taken in custody in connection with Bettiah(Town) P.S. Case No.259 of 2005, Annexure-1. Behind his back the godown was verified on 12.7.2005. During the period of his jail custody he was placed under suspension under order dated - 2 - 20.7.2005, Annexure-3. Petitioner was released from jail custody on 11.1.2007, whereafter his suspension has been revoked on 30.12.2008. It is further submitted that after release of the petitioner without serving him any memo of charge, the punishment order dated 13.1.2010 has been passed. 4. Considering the aforesaid submission this Court under orders dated 20.7.2010 allowed time to the counsel for the Corporation to seek instruction in the matter. Learned counsel for the Corporation having taken instruction confirmed that order dated 13.1.2010 is not preceded by any enquiry. As the order dated 13.1.2010 has been passed without giving the petitioner any opportunity to defend himself of the charges levelled against him, the said order is held to be vitiated on the ground of violation of principles of natural justice and is accordingly, set aside so far it relates to the petitioner with direction to the petitioner to appear before the Managing Director of the Corporation, who should furnish memo of charge to the petitioner as also to appoint an Enquiry Officer to deal with the allegation levelled against the petitioner and to submit enquiry report. 5. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)