JUDGMENT :

PARTHA SARTHY, J.

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application praying for quashing the order contained in Memo no.56 dated 27.2.2017 issued under the signature of the Additional Secretary, Animal Husbandry and Fisheries Department, Government of Bihar, whereby the petitioner was dismissed from service.

3. The case of the petitioner in brief is that he was appointed on 12.5.1983 as Touring Veterinary Officer and was posted at Sonva in West Singhbhum. In the year 2009, he was promoted and posted as the District Animal Husbandry Officer in Madhubani.

4. In between 22.4.2010 to 3.5.2010, audit inspection was carried out for the period March, 2008-09 to March, 2009-10 and various audit objections were pointed out with respect to the period prior to 31.7.2009 i.e., the date the petitioner joined. Further a complaint was made by one Meenakshi Pandey to the Principal Secretary, Animal Husbandry and Fisheries Department making 14 allegations against the employees posted in the office of the District Animal Husbandry Officer, Madhubani. Pursuant thereto a Three Men Committee was constituted under the Chairmanship of the Regional Director, Animal Husbandry, Muzaffarpur, who conducted the enquiry and submitted a report dated 9.8.2011, not giving any adverse finding against the petitioner.

5. An explanation was sought for from the petitioner by letter dated 23.9.2011 regarding the audit objection to which the petitioner replied on 16.1.2012. The Regional Director, Animal Husbandry, Darbhanga by his memo dated 17.2.2012 submitted compliance report of the audit objections with his recommendation to the Accountant General.

6. By order dated 31.3.2012 of the Director, Animal Husbandry, Bihar, a departmental proceeding was initiated against the Head Assistant and an Accountant in the Office of the District Animal Husbandry Officer. They were awarded the punishment of stoppage of three increments.

7. By order dated 27.4.2012 of the Special Secretary to the Animal Husbandry Department, the petitioner was placed under suspension in contemplation of a departmental enquiry to be proceeded under the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as ‘the CCA Rules’). By letter dated 25.6.2012, an explanation was sought for on the memo of charge in Form-ka to which the petitioner filed his reply on 16.8.2012. By order dated 5.12.2012, the Enquiry Officer and Presenting Officer were appointed and the petitioner was served with a copy of the memo of charge.

8. The enquiry proceeding started on 19.12.2012 wherein the petitioner filed his defence statement. The Enquiry Officer submitted his enquiry report to the Principal Secretary, Animal Husbandry and Fisheries Department on 29.2.2016. The petitioner was served with a copy of the enquiry report on 15.3.2016 and asked to submit his second written statement of defence. The petitioner submitted his reply. By order dated 27.2.2017 issued under the orders of Hon’ble the Governor, Bihar and under the signature of the Under Secretary to the Government, Animal Husbandry and Fisheries Department, the petitioner was dismissed from service. It is against this order of dismissal that the petitioner has preferred the instant writ application.

9. It is submitted by learned counsel appearing for the petitioner that the petitioner was scheduled to superannuate on 28.2.2017 when a day before his superannuation that he was dismissed by order dated 27.2.2017. It is submitted that the provisions contained in Rule 17(14) of the C.C.A. Rules were not followed. Neither the article of charges mention about the witnesses who are proposed to be examined in course of the enquiry nor any witness was examined in the enquiry. No document was marked exhibit or the contents thereof proved. Nevertheless the Enquiry officer placed his reliance on the documents in course of his enquiry. In these c