Dr. Anshuman, J. – Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for quashing the order dated 07.12.2017/ 12.12.2017 passed by the Commissioner, Bhagalpur in Service Appeal Case No. 06 of 2017-18 (Annexure-7) and also filed to quash the order vide Memo No. 01 of 12/13- 17268/ dated 24.06.2017 passed by District Magistrate, Banka (Annexure-6) by which the punishment of compulsory retirement has been imposed upon the petitioner.

3. Counsel for the petitioner submits that petitioner was in service since 1998 and was working as clerk in Banka Collectorate, Banka, thereafter, he was transferred to Katoria Block, District-Banka, and subsequently, following the different transfers, he was lastly posted as Upper Division Clerk at Circle Office, Rajaun, Banka. Counsel submits that the petitioner was received the suspension letter issued vide Memo No. 520 dated 05.10.2016 by which he was suspended on the ground of indiscipline and directed to be deputed in Circle Officer, Fullidumer during his suspension. Vide Letter No. 225 dated 14.10.2016, charge memo has been served upon the petitioner and he was asked to present before the Enquiry Officer for hearing on 29.10.2016.

4. Counsel further submits that the petitioner has submitted his explanation before the Enquiry Officer in which he was taken the specific plea that he is a patient of diabetics, gastric and other deceases and whenever he leave Circle Office, he has filed his leave application to Circle Officer, Rajaun, Banka, but the Circle Officer was completely biased against him and used unparliamentary words as well as cut his attendance register on many dates, when the petitioner remained present in office.

5. Counsel submits that he has also taken this plea that there was a continuous threat from the Circle Officer, Rajaun, Banka to end his service. Counsel submits that in the said departmental proceedings, the Circle Officer against whom, he has made allegation, has been appointed as Presenting Officer. Counsel submits that in the departmental proceedings, neither any documents were produced nor any witnesses were examined, but even then charge was alleged to be proved against him and second show cause was issued.

6. Counsel submits that the second show cause was also answered by him, but without considering single point mentioned in the reply of 2nd show-cause, the punishment order has been passed i.e., about his compulsory retirement for his service on the ground of continuous absence from his duty. Counsel submits that the petitioner has preferred appeal before the Commissioner, but service appeal bearing Appeal No.06 of 2017-18 was also dismissed dated 07.12.2017 / 12.12.2017. Counsel submits that in the entire judicial proceedings, there are gross violation of procedure laid down in the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as “the Rules of 2005”) as charge memo has not been served by the disciplinary authority, no W.S. has been demanded from him. Neither any document nor any list of witnesses were provided nor his show cause nor his W.S. considering probable witness of this case was examined as Presenting Officer against whom there is a direct allegation made by the petitioner that on his instance, the entire problem has been created.

7. Counsel further submits that charge memo itself is completely defective as neither any list of document mentioned nor any list of witnesses mentioned which is in gross violation of Rule 17 (3) and Rule 17(4) of the Rules of 2005. Counsel also submits that on 14.10.2016, charge memo has been served and on 15.10.2016 where in next day, he was directed to appear before the Enquiry Officer.

8. Counsel for the petitioner also submits that he has filed the show cause before the Enquiry Officer in which he has annexed the 15 documents, but there is no consideration on those documents at all. He also submits that a specifi