IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18433 of 2010 SANJAY KUMAR, SON OF LATE PHULDEO PRASAD, RESIDENT OF VILLAGE- MALDAH, P.S. BARBIGHA, DISTRICT- SHEIKHPURA, AT PRESENT SUSPENDED EXCISE SUPERINTENDENT, H.Q. AT OFFICE OF THE DEPUTY COMMISSIONER, EXCISE, PATNA DEVISION, PATNA. ……………….petitioner. Versus 1. THE STATE OF BIHAR. 2. SECRETARY, DEPARTMENT OF REGISTRATION, EXCISE AND PROHIBITION, BIHAR, NEW SECRETARIAT, VIKASH BHAWAN, PATNA. 3. THE JOINT SECRETARY, DEPARTMENT OF REGISTRATION, EXCISE AND PROHIBITION, BIHAR, NEW SECRETARIAT, VIKASH BHAWAN, PATNA. 4. COMMISSIONER, EXCISE AND PROHIBITION DEPARTMENT, NEW SECRETARIAT, VIKASH BHAWAN, PATNA. ………………RESPONDENTS. ---------- 2. 10.12.2010 A departmental enquiry is pending against the petitioner, in the proceeding he has been asked to submit him reply to the charges. The petitioner has filed a reply/representation vide Annexure-11. In this reply/representation he has asked for copies of several documents. Learned senior counsel for the petitioner submits that the enquiry officer should consider this representation, disposed it of in accordance law and thereafter may proceed with the enquiry. It is settled law that if the department intends to rely on any document 2 in a disciplinary proceeding, copies thereof should be supplied to the delinquent before proceeding further, or he should be allowed to peruse the same at a place, time and date which may be fixed by the enquiry officer. Normally the documents which are not intended to be relied in the departmental enquiry in support of the charges are not required to be supplied to the delinquent. However, if a demand is made by delinquent for supply of documents, the same has to be examined by the enquiry officer and the order has to be passed on the same. If that is not done and the enquiry proceeds the same may create a serious lacuna in the proceeding which may affect its validity. Therefore, it is in the interest of the department itself that the demand of delinquent is considered, dealt with and orders are passed and thereafter the enquiry proceeds. In the circumstances, as per the prayer of learned senior counsel for the petitioner, this application is disposed of with a direction to the enquiry officer to consider the reply/representation of the 3 petitioner as contained in Annexure-11, requesting for supply of the documents and pass appropriate order on the same, either way, and communicate the same to the petitioner within four weeks and thereafter proceed with the enquiry. It is needless to say that if the petitioner does not participate in the proceeding thereafter also, the enquiry officer is at liberty to proceed ex-parte. The writ application is disposed of with the aforesaid observations and directions. Devendra/ ( J. N. Singh, J.)