- (1.) In this application filed under Arts. 226 and 227 of the Constitution, the petitioner has impugned the order, dated 11th June, 1981 (vide Annexure '1'). She has further prayed for issuance of writ for quashing the order in question on, amongst others, the following grounds. (a) Reasonable and proper opportunity was denied to the petitioner, by way of withholding certain document from her, relevant to the charge in issue which has caused prejudice in defending herself in the departmental enquiry. (b) The charge-sheet served on the petitioner was not accompanied with the documents relating to the charge, as required under the rules and the guidelines given by the State of Bihar, under Appointment Department (now Department of Personnel) letter dated 29th of April, 1963 under memo No. 13046 dated 7-7-1978, the extract of which has been annexed to the petition as Annexure '4'. (c) There was no enquiry under the statutory rules meant for conducting an enquiry or at any rate the same was done in a perfunctory manner and that the order of discharge passed on such enquiry report is violative of the principle of natural justice. (d) The order impugned offends the statutory Rule, i.e. note (i) below Rule 2 of the Rules read with Rule 166 (ii) and Rule 167 (g) of the Board's Miscellaneous Rules in not getting the second cause notice before imposing punishment. (e) The enquiry has been assailed on the ground of bias and malice also.
(2.) The petitioner at the relevant point of time was employee as a Matron in the Government After-care Home (for brevity to be referred as 'Home') at Patna City. On 27th of November, 1978 she was placed under suspension on the charges of commission of various sorts of irregularities and malfunctioning of the Home and on 21st of Dec. 1978 she was served with a charge-sheet, vide Annexure '3' enumerating different heads of charges.
(3.) The departmental enquiry into the affairs against the petitioner was conducted by respondent No. 3. The enquiry came to a close finally on 4th of December, 1980. Respondent No. 2 Director in the Department of Social Welfare, on consideration of the report submitted by respondent No. 3 discharged the petitioner from service.;