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2023 Supreme(Pat) 130

PRABHAT KUMAR SINGH
Ram Pukar Sharma – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Siya Ram Shahi.
For the Respondents: Mr. Ram Balak Mahto-AG.

Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 – Rule 18 (3) and (4) – Punishment of Compulsory Retirement – Though Presenting Officer was appointed, but he chose to play no role – Neither evidence was led nor any evidence was examined and entire role was played by Enquiry Officer – Reply to second show cause filed by petitioner was not at all considered – Impugned order does not at all disclose reason as to why defence submitted by petitioner was not acceptable – Non-compliance of same resulted in violation of principles of natural justice and same is also against provisions of Rule 18 (3) and (4) of Rules, 2005 – Impugned orders set aside – Respondents directed to reinstate petitioner to post of "Jan Sevak" for rest of his service with all consequential benefits – Writ Petition allowed. (Paras 6 and 7)

Prabhat Kumar Singh, J. – Heard Mr. Siya Ram Shahi learned counsel for petitioner. Nobody appears on behalf of State to assist the court.

2. This writ petition has been filed for following reliefs: –

(i) for issuance of an appropriate writ in quashing the order communicated to the petitioner vide Memo No. 1355 dated 14.11.2015 passed by the Collector, Je

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