ABRAR AHMAD KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the respondent-State.

(2.) It is admitted from the records, in view of the averments made in the counter affidavit filed by the respondents, that second show cause notice was not submitted to the petitioner along with copy of the Enquiry Report prior to the order of punishment dated 01.08.2013 issued by the District Magistrate.

(3.) The counter affidavit takes a surprising and unique stand, to say the least, that upon service of the Enquiry Report by the Enquiry Officer, the Disciplinary Authority can straightway issue order of punishment in view of the provisions contained in Rule 18 (6) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (for brevity, Bihar CCA Rules, 2005).