DR. SACHIDA NAND SHARMA SON OF LATE CHANDRADEO SHARMA Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The prayer of the petitioner in this writ application reads as follows:

(3.) Learned counsel for the petitioner, initially, had submitted that for the same charge, the petitioner was subjected to a departmental proceeding in the year 2011, vide Annexure-2 to the writ application, but that inquiry was never made aware to the petitioner only because the documents, as asked by the petitioner for filing of his written statement of defence, were supplied. He has then submitted that this time also when the memo of charge has been issued against the petitioner on 02.07.2015, the procedure, as laid down in Rule 17 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 20015 (hereinafter referred to as '2005 Rules'), has been followed inasmuch as the said rule envisages that after the delinquent is given a memo of charge, it is the appointing authority who has to first examine the defence disclosed by the delinquent in the written statement of defence and only after that a decision is to be taken for appointment of the Inquiry Officer.