PARMANAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned counsel for the State.

(2.) IN this writ petition, the petitioner is aggrieved by the order of punishment dated 15.2.2003 imposed upon him, contained in Annexure 1, in a departmental proceeding initiated against him. The petitioner filed a representation before the Commissioner and Secretary, Commercial Taxes, Bihar, Patna (respondent no. 2) against the said order of punishment (Annexure 1), which has been rejected vide order dated 19.4.2004, contained in Annexure 2, which has also been impugned in the present writ petition.

(3.) MR . Singh, learned Senior Counsel appearing for the petitioner has submitted that the perusal of the enquiry report (Annexure 8/A) would itself show that the enquiry officer conducted the enquiry behind the back of the petitioner without either examining any witness or exhibiting a document, if any, upon which he wanted to rely. Thus, according to the learned counsel for the petitioner, there has been gross violation of the principles of natural justice, besides the provisions, contained in Rule 55 of the Civil Services (Classification, Control and Appeal) Rules.