JUDGMENT :

RITESH KUMAR, J.

1. Heard the learned counsel for the parties.

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

“i. For issuance of writ in the nature of certiorari for quashing of Letter No. 16640 dated 22.10.2013 issued by the Joint Secretary, General Administration Department, Govt. of Bihar, Patna whereby the petitioner has been served with a second show cause notice for grant of major punishment under Rule 14 of the Bihar Government Servant (Classification, Control & Appeal) Rules, 2005.

ii. For issuance of writ in the nature of certiorari for quashing of the inquiry report dated 6.03.2010 submitted by the Conducting Officer- cum-Commissioner, Purnea Division, Purnea whereby the charges have been proved against the petitioner in gross violation of the principle of natural justice and without supplying the requisite documents to the petitioner which caused great prejudice to the defense of the petitioner in the departmental proceeding.

iii. For holding that the Inquiry Officer was wrong in submitting his inquiry report without ensuring compliance of his own order whereby he had directed the Presenting Officer to provide the required documents to the petitioner.

iv. For holding that the Respondent Authorities were wrong in issuing second show cause notice to the petitioner on the basis of faulty inquiry report which has been conducted in total violation of the principle of natural justice.

v. For restraining the respondents from taking any action against the petitioner till the enquiry report is conducted in a proper manner in consonance with the principle of natural justice.”

3. Vide order dated 05.12.2014, passed by a learned Co-ordinate Bench of this Court, the prayers made in I.A. No.5549 of 2014 were treated to be part and parcel of the writ petition and the same are being reproduced hereinbelow:

“(i) For issuance of writ in the nature of certiorari or any other appropriate writ for quashing of the resolution dated 14.07.2014 contained in memo no. 9554 issued under the signature of the Joint Secretary, General Administration Department, Bihar, Patna, whereby the petitioner has been subjected to punishment of compulsory retirement under rule 14 (ix) of Bihar Government Servants (Classification, Control and Appeal) Rules, 2005.

(ii) For issuance of writ in the nature of mandamus or any other appropriate writ for commanding the respondent authorities to reinstate the petitioner with all consequential benefit including payment of the salary.

(iii) For issuance of writ in the nature of mandamus or any other appropriate writ for staying the aforesaid resolution dated 14.07.2014 contained in memo no. 9554 issued under the signature of the Joint Secretary, General Administration Department, Bihar Patna during pendency of the writ petition.”

FACTS

4. The brief facts, giving rise to the present writ petition, are that the State Government formulated the Industrial Promotion Policy, 1995 and for making the objects of this policy successful, the Revenue and Land Reforms Department, Government of Bihar, Patna vide its Letter No.1697, dated 22.11.1995 authorized the District Magistrates of all the districts in the State of Bihar to allot up to 5 acres of land for establishing the industrial units. On the basis of the said circular of the State Government, 44 persons were settled with 182.07 acres of government land, for the purposes of tea plantation in the district of Kishanganj. Later on, a decision was taken by the government that the lands were wrongly given on lease for 90 years, therefore, the lease is to be cancelled and vide Letter No.6, dated 07.01.2002, the State Government directed the District Magistrate, Kishanganj to cancel the land and to take the land in question, in possession. The petitioner was working as a Land Reforms Deputy Collector (hereinafter referred to as ‘L.R.D.C.’) in the district of Kishanganj at the relevant time. A decision was taken at the level of the government to initiate depa