CHATURGUN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant writ application has been filed for following reliefs:

(2.) In order to assail the order of punishment, petitioner has made two-fold submissions.

(3.) Firstly, impugned order has been passed without considering the reply to the show cause filed by the petitioner and as such, same is bad in law. Learned counsel for the petitioner submits that in terms of Rules 18(3) and (4) of Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as "C.C.A. Rules, 2005"), it is mandatory for the disciplinary authority to deal with the defence of the petitioner. In this case, without considering the reply to the show cause filed by the petitioner, impugned order of punishment has been passed.