PUNYA DEO MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Sri Suresh Chandra Prasad Sinha, learned counsel for the petitioner and Sri Shivji Prasad, G.R 2 for the State of Bihar.

(2.) PETITIONER who at the relevant time was Junior Engineer in the Drainage Investigation Division, Bettiah has filed this writ petition assailing the order bearing Memo No. 4967 dated 17.10.2002, Annexure -4, whereunder punishments have been imposed on him after conclusion of the departmental proceedings initiated vide resolution of the State Government bearing Memo No. 3230 dated 6.6.2000, Annexure -2. He further assails the order dated 12.6.2004, Annexure -6, whereunder his appeal has been rejected.

(3.) AS the charge -sheet itself was not served on the petitioner, in my opinion, the petitioner was seriously prejudiced in filing his written defence as without perusing the memo of charge it is well nigh impossible for anyone to file his written defence.