DHANESH SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY the present application the petitioner, who was posted as Circle Officer in Bikramganj Circle, has challenged the order of the disciplinary authority awarding the punishment of dismissal of service along with the appellate order, as contained in Annexure-1 to the counter-affidavit.

(2.) THE contention of the learned counsel for the petitioner is that earlier also the petitioner had moved this Court and as this court had found that out of four charges the enquiring officer has found that three of them have not been proved, as such, when the disciplinary authority was coming to a different conclusion, he should have at least, supplied the enquiry report to the petitioner. In absence of the enquiry report and opportunity of second show cause being not afforded to the petitioner, the order of the disciplinary authority was quashed. By the order of the Court the said enquiry report was served on the petitioner in court itself and he was directed of file a second show cause. Pursuant to the said order the petitioner filed second show cause before the disciplinary authority and the disciplinary authority after considering the said show cause and relevant documents, maintained its earlier order and assigned reasons for the same. Against the said order, the petitioner filed an appeal, which was also dismissed. The said order has been brought on the record by way of supplementary-affidavit and it has been contended by the learned counsel for the petitioner that it is a non-speaking order.

(3.) LEARNED Addl. Advocate-General appearing on behalf of State had stated that as the said order was only a communication to the petitioner as such, he was granted time to bring the original order on the record.