P. B. Bajanthri, J.—Instant appeal has been filed by the Bihar Public Service Commission (for short “BPSC”). The appellants have questioned the validity of the order of the learned Single Judge dated 29.06.2018 passed in CWJC No. 7006 of 2014. Deceased-Bhanu Pratap who was working as an Analyst Programmer with the appellants was subjected to parallel proceedings and in the disciplinary proceedings it was concluded in imposition of penalty of dismissal from service on 18.03.2013. In criminal proceedings it is stated to have abated on account of death of the deceased-employee on 23.10.2017. Thus, the legal heir of the deceased-employee Bhanu Pratap have come on record in the writ petition.

2. Deceased-employee was charge-sheeted on 03.05.2012 on 10 charges. He is stated to have submitted his explanation. Disciplinary authority was not satisfied with the explanation and proceeded to appoint an inquiring and presenting officer. The inquiring officer submitted his report on 30.08.2012 while holding charge no. 1, 2 and 9 were proved, the remaining charges were not proved. On receipt of inquiring officer’s report the disciplinary authority issued a second show cause notice on 21.09.2012 fo