KAILASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who is a Revenue Karamchari has filed this writ petition assailing the order bearing Memo No. 910 dated 19th November, 1994, Annexure -8, whereunder he was dismissed from service after conclusion of three departmental proceedings initiated against him. He has also assailed the order dated 8.8.1998, Annexure -9, whereunder his appeal was dismissed. Perusal of the original order dated 19.11.1994 indicates that three proceedings were initiated against him and after conclusion of those proceedings and submission of report of the enquiry officer, second show -cause notice dated 3.6.1994 was issued to him. It appears from the original order of dismissal that the petitioner did not file second show -cause reply and the District Magistrate taking notice of the said fact passed the dismissal order. Appeal was also dismissed holding that there does not appear to be any error in the decision making process and as such the appeal was dismissed.

(2.) COUNSEL for the petitioner has submitted that the original order of dismissal dated 19.11.1994 has been passed without any application of mind much less any application of judicial mind as the petitioner having received the second show cause notice dated 3.6.1994, Annexure -6 had filed the second show cause reply dated 22.6.1994 but the District Magistrate, Gaya while passing the dismissal order dated 19.11.1995 committed error of record and erroneously stated that no second show -cause reply was ever filed and as such did not consider the plea raised therein and passed the dismissal order. When the aforesaid submission was made on 9.9.2004 this Court directed the State counsel to produce the original record so as to verify as to whether second show -cause notice enclosing the three enquiry report was served on the petitioner and also to ascertain whether the petitioner had filed second show cause reply. Mr. R.P. Bhagat, learned Government Pleader -IV has appeared for the State and has produced the records of the three departmental proceedings initiated against the petitioner and having perused those records Sri Bhagat has confirmed the position that second show cause notice dated 3.6.1994, Annexure -6 was served on the petitioner but the same did not contain enquiry report of the three departmental proceedings initiated against him. He also confirmed the position that the petitioner did file his second show cause reply dated 22.6.1994, Annexure -7 but it appears that the District Magistrate while passing the original order of dismissal dated 19.11.1994, Annexure -8 ignored/over looked the same and did not consider the plea raised therein.

(3.) LET the District Magistrate, Gaya serve the second show -cause notice enclosing the three enquiry reports on the petitioner within three weeks of the receipt/ production of a copy of this order, whereafter the petitioner shall file his second show cause reply within another three weeks and the District Magistrate shall dispose of the proceedings within one month of the receipt of the second show cause reply filed by the petitioner by passing a speaking order.