JUDGMENT :

Heard the parties.

2. The present writ petition has been filed for the following reliefs:

“i) A writ in the nature of certiorari setting aside the order bearing Memo No. 1160 dated 12.09.2016 passed by Disciplinary Authority (Respondent No. 3), whereby and where under in contemplation of a disciplinary proceeding, petitioner has been inflicted punishment of dismissal from service without following the procedures prescribed under Bihar C. C. A. Rules, 2005 as also without examining any oral evidence presuming the alleged charges proved in gross violation of principle of natural justice.

ii) For setting aside the impugned order passed by appellate authority bearing Memo No. 1536 dated 18.12.2019 passed by Respondent Divisional Commissioner (Respondent No. 2), whereby and where under appeal case No 115/2016 has been rejected without considering the grounds raised in appeal on merits rather in mechanical manner without applying his judicial mind as the appellate order is itself non-speaking which is not proper in the eye of law.

iii) To reinstate the petitioner in service with all consequential monetary benefits. iv) And/or any other relief or reliefs for which the petitioner is found entitled to in the facts and circumstances of this case.”

3. The brief facts giving rise to the present writ petition is that while the petitioner was posted as Upper Division Clerk -cum- Anchal Nazir in Block – Salkhua, Saharsa in the year 2013, on the basis of the report submitted by the Circle Officer, Salkhua, the petitioner was put under suspension vide order contained in Memo No. 1803 dated 10.10.2013 issued under the signature of the District Magistrate, Saharsa. Subsequently Memo of Charge was served upon the petitioner vide Letter No. 2086 – 2 dated 20.09.2019 issued under the signature of Sub-Divisional Officer, Simri Bakhtiyarpur whereby certain charges were levelled against the petitioner. The learned counsel for the petitioner submits that along with the Memo of Charge, no list of witnesses were given which is in complete violation of the provisions contained in Rule 17 (3) and (4) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005. Accordingly, the petitioner was issued show cause notice and he submitted his reply before the Disciplinary Authority, wherein he requested for providing the documents mentioned in Prapatra KA, but the same was never provided to the petitioner. The petitioner, apart from other documents, also asked for certain documents, to give his reply to the show cause notice issued to him, but the same was not supplied to him. The petitioner filed his reply to the show cause notice, issued to him on 26.12.2014. The Enquiry Officer proceeded with the departmental enquiry wherein the petitioner duly participated, but no witnesses were examined on behalf of the Presenting Officer to substantiate the charges levelled against the petitioner and the documents, which the petitioner was repeatedly asking for, were not provided to the petitioner. After enquiry, the Enquiry Offier submitted his report before the Disciplinary Authority and pursuant thereto, the petitioner was issued second show cause notice by the Disciplinary Authority. In compliance thereof, the petitioner filed his reply before the Disciplinary Authority, but the Disciplinary Authority, without even considering the second show cause reply filed by the petitioner, wherein he raised a grievance that despite repeatedly asking for the documents relied upon by the Presenting Officer and which were mentioned in the Memo of Charge, the same were never provided to the petitioner, therefore, in absence of the same, he could not file a detailed reply, proceeded to pass the impugned order of punishment dismissing the petitioner from service from the date of issuance of the order impugned. Being aggrieved with the order of punishment dated 12.09.2016, the petitioner preferred statutory appeal before the Appellate Authority, i. e. the Commis