SULTAN AHMED Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) Heard senior counsel for the petitioner and the respondent-State. The writ petition has been filed for quashing of punishment of dismissal inflicted upon the petitioner which is dated 9.5.2014 and also order dated 11.8.2015, passed on the petitioner's review petition bearing S.R. Case No. 6 of 2014-15 in terms of Rule 24(2) of the Bihar CCA Rules, 2005.

(2.) It is pointed out by the counsel for the petitioner that a copy of the second show cause dated 13.2014 was never served on the petitioner and therefore he has been denied his vital opportunity of submitting his second show cause reply before the disciplinary authority after submission of the enquiry report.

(3.) The respondents have denied the aforesaid position by referring to paragraph 23 of the counter affidavit. The specific stand has been taken by them that the after detailed consideration of enquiry report and proved charges, the second show cause notice was issued to the petitioner vide letter No. 113 dated 12.2014 under Rules, 18 of the Bihar Government Servants (CCA) Rules, 2005. In the next paragraph, they submit that after issuance of second show cause notice the petitioner did not reply the same, thus he accepted the charge levelled against him.