JUDGMENT

1. The petitioner initially filed the present writ application for setting aside the order of dismissal dated 26-08-2019 vide Notification No. 7682 (as contained in Annexure 6 to the writ petition) whereby the petitioner was dismissed from service and further for setting aside the enquiry report submitted by the enquiry officer dated 08/08/2018 on the ground that the same is based upon no evidence. However, during the pendency of the writ application the petitioner filed an interlocutory application bearing LA. No. 1 of 2019 challenging the order dated 3-12-2019 vide Memo No. 10509 (as contained in Annexure 8 to the interlocutory application) by which the appeal filed by the petitioner against the order of dismissal has been rejected.

2. Taking into consideration the nature of relief sought for in the LA., the same is allowed and the statements and prayer made in the interlocutory application would form part of this writ application.

3. The facts of the case in brief is that while the petitioner was posted as Assistant Engineer in the Building Construction Department, Rajendra Nagar Sub Division Office, Patna, one Rajesh Kumar (Contractor) submitted a written complaint on 28.