SIKANDAR ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner had earlier raised a plea that copy of enquiry report was not served upon him before the order dated 7.5.2003 imposing punishment had been passed by the disciplinary authority.

(3.) ON the previous occasion when this point was raised by the petitioner this Court had directed the petitioner to show what prejudice has been caused on account of non -supply of copy of the enquiry report. For the said purpose a supplementary affidavit has been filed by the petitioner in which it is stated that after subsequently perusing the enquiry report annexed as Annexure -B to the supplementary show cause, the petitioner has come to learn that charge no.1 has not been proved and regarding charge no. 2 the recommendation of the Enquiry Officer is for exoneration yet it has been held by the disciplinary authority that there is irregularity and punishment has been imposed upon the petitioner which has definitely prejudiced the petitioner as he had no opportunity to either rely upon the enquiry report for the said purpose or controvert any such contrary finding of the disciplinary authority.