IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10861 of 2002 SHASHIKANT SHIVENDU, Son of Late Rameshwar Singh Natwar, resident of Village-Chirailly Bazar, P.O.-Chiraily, P.S.-Khinzarsarai, District-Gaya. ...................... Petitioner Versus 1. THE STATE OF BIHAR. 2. The District Magistrate, Gaya 3. `The District Education Superintendent, Gaya. 4. The Area Education Officer, Tekari, Gaya. 5. The Block Education Extension Officer, Manpur, Gaya. 6. The Area Officer, Imamganj, Gaya. ....................... Respondents ----------- 3 25/6/2010 Heard counsel for the petitioner and counsel for the State. After some argument counsel for the petitioner seeks permission to withdraw this application in order to enable him to file a statutory appeal against the order of punishment in a departmental proceeding. In the event the petitioner would file an appeal and would raise the question of non service of enquiry report, the appellate authority, having looked into the records of the departmental proceeding and on finding that such enquiry report was not supplied to the petitioner, would direct for its being supplied to him in course of hearing of the appeal so as to show prejudice that he had suffered on account of non supply of the enquiry report as was laid down by the Apex Court in the Case of ‘Managing Director ECIL, Hyderabad Vs. B. Karunakar’, reported in 1993 (4) SCC 727. It is only when the petitioner would be in a position to show prejudice that the order of punishment shall be 2 interfered on the ground of non supply of the enquiry report. The appellate authority, however, shall be at liberty to examine other aspects of the matter as some of the charges against the petitioner are very serious. With the aforementioned observation this application is permitted to be withdrawn. Abhay Kumar ( Mihir Kumar Jha, J.)