RAM BACHAN DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the counsel for the State, AC to AAG-8.

(2.) Husband of the petitioner at the relevant time served as Member Secretary, Sursang Large Size Multipurpose Agriculture Credit Cooperative Society after conclusion of departmental proceeding was punished under order bearing Memo No.7785 dated 26.11.1994 passed by the Registrar, Cooperative Societies, Bihar Patna, Annexure-1 with punishment of stoppage of three increments with cumulative effect and no salary beyond subsistence allowance during the period of suspension.

(3.) It is submitted on behalf of the petitioner that that memo of charge was served on her husband under Memo No.2750 dated 3.5.1994, Annexure-4. Having received the memo of charge husband of the petitioner requested the Enquiry Officer under letter dated 21.5.1995, Annexure-5 to furnish 11 number of documents, but those documents were not furnished and without giving him any opportunity to defend himself, the Enquiry Officer submitted report dated 23.7.1994, Annexure-2 holding the husband of the petitioner guilty of the charges levelled against him and forwarded the said report to the Joint Registrar, Cooperative Societies(Vigilance), Bihar, Patna under letter dated 23.7.1994, Annexure-2 stating that husband of the petitioner failed to produce any evidence in support of his innocence as also did not appear before the Enquiry Officer to defend himself. Later the enquiry report was served on the husband of the petitioner under letter No.5245 dated 16.8.1994, Annexure-6 calling upon him to submit his second show cause reply. Having received the enquiry report husband of the petitioner submitted his second show cause reply dated 24.8.1994, Annexure-7 disputing the findings recorded by the Enquiry Officer which was forwarded to the Registrar, Cooperative Societies under letter dated 24.8.1994, Annexure-7. Perusal of the second show cause reply of the husband of the petitioner dated 24.8.1994 indicate that he had submitted before the disciplinary authority that date for enquiry was fixed by the Enquiry Officer during the period while he was on leave until 25.7.1994, the enquiry report was also submitted before he returned back from leave on 23.7.1994 without waiting for the husband of the petitioner to join and defend himself. It appears the Registrar, Cooperative Societies while passing the punishment order dated 26.11.1994, Annexure-1 has not even referred to the second show cause reply dated 24.8.1994 filed by the husband of the petitioner that he had no adequate opportunity to defend himself before the Enquiry Officer and the report was submitted while he was on leave. For failure of the disciplinary authority to investigate as to whether husband of the petitioner had adequate opportunity to defend himself before the Enquiry Officer, I feel satisfied to set aside the punishment order dated 26.11.1994, Annexure-1, which is accordingly, quashed.