JUDGMENT :

1. The petitioner while posted as Technical Junior Engineer under Sonbarsha Division, Saharsa in the office of Engineer-in- Chief of the Road Construction Department, Government of Bihar, has been terminated from service after considering his reply to show cause. The power has been exercised under Rule 20 of the Bihar CCA Rules 2005.

2. Rule 20 of the Bihar CCA Rules 2005 reads as follows:-

“20. Special procedure in certain cases.

Notwithstanding anything contained in Rules 17 to 19-

(i) where any penalty is imposed on a Government Servant on the ground of conduct which has led to his conviction on a criminal charge, or

(ii) where the disciplinary authority is satisfied for reasons to be recorded by him in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these Rules, or

(iii) where the Government is satisfied that in the interest of the State, it is not expedient to hold any inquiry in the manner provided in these Rules, the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit:

Provided that the Government Servant may be given an opportunity of making representation on the penalty