IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1747 of 2002 BIPIN BIHARI VERMA SON OF LATE INDRADEO NARAYAN PRASAD, RESIDENT OF VILLAGE-SURAPUR CHHAPIYA, P.O.,CHHAPIYA, VIA-SIWAN, P.S,HUSSAINGANJ, DIST-SIWAN Versus 1.THE STATE OF BIHAR 2.The commissioner and Secretary, Water Resources Department, Government of Bihar, Sinchai Bhawan, Patna. 3.The Under Secretary, Water Resources Department, Government of Bihar, Sinchai Bhawan, Patna. ----------- For the petitioner:-Mr.Kalidas Chatterji, Adv Mr.Amlesh Kumar Verma, Adv. For the State:- JC to AAG-3. --------------- 3/ 10-Nov-08 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has prayed for quashing of impugned order dated 20th December, 2001 contained in Memo No.3560 of even date issued under the signature of under Secretary, Department of Water Resources (Irrigation) whereby purportedly on the basis of a departmental enquiry report he has been dismissed from service. On behalf of petitioner a short point was raised that as would appear from Annexure-7 the second show-cause notice as well as from the impugned order, the disciplinary authority never indicated to the petitioner that it was not inclined to agree with the enquiry report and proposes to take different view in the matter. 2 On perusal of the enquiry report Annexure-10 it is clear that the report is in favour of the petitioner and the charges were not found proved. This Court has also perused the nature of charge and materials produced before the enquiry officer and it is clear that the charge is difficult to be proved as there is practically no material to support the same. In the facts of the case, this Court finds no option but to accept the submission that the impugned order of dismissal is misconceived in law and is not based upon the enquiry report which is in favour of the petitioner. Hence the impugned order of dismissal is quashed. The petitioner will be entitled to all consequential benefits. The writ petition is allowed. perwez (Shiva Kirti Singh, J.)