NEERAJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and J.C. to S.C. 3 for the respondents.

(2.) THIS writ application is directed against the orders as contained in Annexure 15 issued vide memo no. 3452 dated 24.11.2001 and Annexure 17 dated 10.1.2003 whereby and whereunder the petitioner has been dismissed from service and the appeal filed against the order of dismissal has also been dismissed respectively.

(3.) A counter affidavit has been filed on behalf of the District Superintendent of Education, Nalanda duly sworn by him. In the counter affidavit, nothing has been stated in reply to paragraph 25 of the writ application about the enquiry report nor there is any averment that copy of the enquiry report was served upon the petitioner. J.C. to S.C. 3, however, submitted that after scrutiny of the enquiry report second show cause notice was served upon the petitioner and, therefore, it would not be proper to say that the enquiry report was not considered by the disciplinary authority.