LAWS(PAT)-2008-8-138

SRI NIWAS MISHRA Vs. BIHAR SCHOOL EXAMINATION BOARD

Decided On August 27, 2008
Sri Niwas Mishra Appellant
V/S
BIHAR SCHOOL EXAMINATION BOARD Respondents

JUDGEMENT

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

(2.) PETITIONER is a retired employee of Bihar School Examination Board (B.S.E.B.) and at the relevant time was holding the post of Section Officer. For certain acts of omission and commission with regard to holding of an examination for the year 1999, the Authorities in their wisdom decided to issue a charge -sheet against him and hold a departmental inquiry. The charge -sheet is contained in Annexure -4 to the Writ Application. The inquiry thereafter was also held, but since the inquiry report did not find the culpability of the petitioner to the extent where a major punishment could be imposed, the respondents decided to impose minor punishment which came to be issued on 2.11.2002. The order is contained in Annexure -7 and is under challenge in the present writ application. The primary contention of learned counsel for the petitioner is that serious prejudice has been caused to him by the couduct of the respondents because after initiating the departmental proceeding and holding inquiry for the set of charges he was not given a copy of the inquiry report to enable him to file his reply to the so -called show cause issued for imposition of minor punishment. According to him once the process of imposition of major punishment was embarked upon by the respondents, they should have followed the procedure established in this regard, given him a copy of the inquiry report and thereafter may be passed the order in question provided they were still not satisfied with the explanation which the petitioner might have had to offer.

(3.) PETITIONER also brings to my notice the appellate order dated 11.9.2004 contained in Annexure - 12. He draws my attention to such portions of the order where the appellate authority has extensively relied on the inquiry report for upholding the order of punishment which has been passed against the petitioner. This according to the petitioner is the clinching issue. Non -supply of the inquiry report, even though, the punishment is minor in nature vitiates the order of punishment.