IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2255 of 2011 Sunil Dutt Ram, son of Sri Nathuni Ram, resident of village Mandrapali, Police Station- Panchrukhi, District- Siwan………. Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Primary Education, Government of Bihar, Patna. 4. The Special Director, Primary Education, Government of Bihar, Patna. 5. The Regional Deputy Director of Education, Saran Division Chapra. 6. The District Superintendent of Edudcation-cum- Enquiry Officer, Saran at Chapra. 7. The Sub-divisional Education Officer, Saran (South)-cum- Conducting Officer, Saran at Chapra. ………………… Respondents. ----------- For the petitioner: Mr. Bindyachal Singh, Advocate Mr. Raghwendra Kumar, Advocate For the State: Mr. Sushil Kumar Jha, A.C. to G.P.18. ----------------- 2. 30.8.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of the letter No. 1261 dated 6.12.2010 issued by the Regional Deputy Director of Education, Saran Division, Chapra, by which second show cause has been issued to the petitioner after conclusion of the enquiry along with a copy of the enquiry report. He further seeks quashing of the part of the enquiry report dated 7.7.2010 issued by the District Superintendent of Education, Saran at Chapra as enquiry officer. Further 2 prayer of the petitioner is that the disciplinary authority has not supplied the documents demanded by the petitioner and only thereafter the petitioner would be in a position to file the second show cause. From a perusal of the reliefs claimed by the petitioner, it is evident that the writ petition is premature. A departmental proceeding has been initiated against the petitioner in which an enquiry has been conducted and the enquiry report filed. Thereafter, the second show cause along with enquiry report has been issued to the petitioner. The grievance of the petitioner is that the documents could not be supplied by the disciplinary authority and no order was passed by him on the documents sought by the petitioner and he proceeded on the enquiry report submitted by the enquiry officer. If the same was not supplied to the petitioner, it can be made a ground before the disciplinary authority in his reply to the second show cause for assailing the enquiry report. The filing of the writ petition at this stage assailing the enquiry report or the second show cause does not appear to be justified. The writ application is, accordingly, dismissed. However, if the petitioner files his second show cause in the 3 matter within two weeks from today, then the disciplinary authority shall consider the same while passing the final order, if not already passed. VPS ( Ramesh Kumar Datta, J. )