DR.NARENDRA NARAIN RAI SON OF SRI LAXMI NARAYAN RAI Vs. STATE OF BIHAR THROUGH THE SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF MEDICAL EDUCATION, FAMILY WELFARE AND INDIGENOUS MEDICINE, GOVT.OF BIHAR, NEW SECRETARIAT, BIHAR, PATNA

JUDGEMENT

(1.) In view of questions of law raised in this writ application, this Court had requested for the appearance of learned Additional Advocate General in the case personally. He appeared and very fairly conceded on questions of law raised by learned counsel for the petitioner.

(2.) In the circumstances, this Court felt it appropriate to deliver judgment in open Court in presence of learned counsel for the parties.

(3.) Questions of law which have been raised by learned counsel for the petitioner were twofold. He submitted that, in view of first enquiry admittedly being pending, respondents had no authority to issue a fresh charge-sheet, hold fresh enquiry and pass orders on conclusion of the same, dismissing the petitioner from service. He submitted that unless and until first enquiry was taken to its logical end, the said proceeding could not be just abandoned half way in order to initiate a fresh proceeding on sub-stantially the same charges, hold the petitioner guilty and punish him. The second question which learned counsel for the petitioner raised was that, admittedly before passing the punishment of dismissal from service, respondents had not consulted Bihar Public Service Commission (in short 'Commission') which was mandatory in view of Rule 18(7) of the Bihar C.C.A. Rules, 2005 read with Article 320(3)(c) of the Constitution of India. He submitted that in view of this mandatory requirement, punishment order stands vitiated and same is fit to be quashed.