HARDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner was proceeded in the departmental proceeding. He was suspended and then charge sheeted vide Memo dated 9th October, 1996. After the enquiry, he having punished with major punishment of reduction in rank, has challenged the impugned order, contained in Memo No. 21. dated 5th January, 1999, as issued by the District Magistrate, Muzaffarpur.

(2.) THE main plea of the petitioner is that the Respondents issued the order of punishment without hearing him. No date of hearing was fixed, nor any oral hearing was given. No examination or cross -examination of the witness made nor allowed to the petitioner. Without supplying the copy of the enquiry report, the impugned order was passed in violation of rules of natural justice.

(3.) THE fact, as alleged by the petitioner that he was not given any opportunity to defend himself in the enquiry; no date of enquiry was fixed; no witnesses were examined or cross -examined; and the copy of the enquiry report was not served, has not been dis - puted in the counter affidavit.