IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3558 of 2010 1. UMANATH PRASAD S/O LATE SIDHESHWAR PRASAD R/O PAKAURA, P.S.- KADIRGANJ NETAUL, DISTT.- PATNA, AT PRESENT POSTED IN THE OFFICE OF THE DISTRICT DEVELOPMENT OFFICE, COLLECTORATE, PATNA AS CLERK Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER PATNA DIVISION, PATNA 3. THE COLLECTOR PATNA 4. THE DEPUTY COLLECTOR, IN-CHARGE ESTABLISHMENT PATNA COLLECTORATE 5. THE OFFICER IN CHARGE BIR KUWAR SINGH BUS STAND HARDING PARK, PATNA 6. THE OFFICER IN CHARGE INTER STATE BUS STAND, MITHAPUR, PATNA 7. THE CONDUCTING OFFICER EXECUTIVE MAGISTRATE, COLLECTORATE, PATNA ----------- 2 16/09/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is stated to be a Grade-III employee in Patna Collectorate. He was served with a memo. of five charges on 15.02.06 duly replied by him on 13.04.06. The final order of punishment has followed on 03.07.07 for a reduced pay scale by withholding of two increments with cumulative effect. The punishment is major. The appeal preferred by the petitioner has been also dismissed on 01.09.09. Counsel for the petitioner makes a short submission that before a major punishment could be imposed he was required to be given a second show cause notice along with a copy of enquiry report. The appellate order rejects the appeal, not on merits but on grounds of limitation. - 2 - Counsel for the State fairly submits that though he has received instructions, the instructions are completely silent on the issue of service of a second show cause notice to the petitioner along with the inquiry report before imposition of a major punishment. The law stands settled in this regard and needs no further discussion. The order of punishment dated 03.07.07 and the appellate order dated 01.09.09 are set aside. The matter is remanded to the District Magistrate to proceed afresh from the stage of submission of the enquiry report. Counsel for the State suggests that the District Magistrate may be given the opportunity to examine the records if a second show cause notice had been served upon the petitioner along with a copy of the enquiry report. Incorporating that limitation, the writ application is disposed off with the direction that circumstances so warranting, let the District Magistrate pass a fresh reasoned and speaking order after due opportunity to the petitioner proceeding afresh from the stage of submission of the inquiry report preferably within a maximum period of four months of receipt/production. The writ application stands disposed. KC ( Navin Sinha, J.)