Amareshwar Sahay, J. - (1.) THE petitioner has prayed for issuance of writ of certiorari for quashing the order dated 23.01.1998 (Annexure -7) by which the petitioner who was an Assistant was dismissed from the service and also for quashing of the order dated 08.12.1998 (Annexure -9) passed in Miscellaneous Appeal No. 02/98 by which the appellate authority has dismissed the appeal preferred by the petitioner against the order of dismissal.
(2.) THE facts in short are that the petitioner was working as Assistant under the District Cooperative Officer at Ranchi. He was suspended vide Order dated 07.02.1991 and thereafter, the chargesheet was issued against him stating five charges against him. The petitioner filed a detailed show -cause denying the charges made against him. It appears that the order of suspension of the petitioner was revoked pursuant to the order of this Court passed in C.W.J.C. No. 3756 of 1993 (R).
(3.) THE grievance of the petitioner is that after he submitted his detailed show -cause, he was not given any kind of notice or information that the departmental enquiry was proceeding against him and he could know about the departmental enquiry only after he received the second show -cause notice dated 06.06,1996 (Annexure -5) issued by the Registrar of Cooperative Society, Bihar, Patna whereby, he was directed to submit his show -cause as to why he by way of punishment be not dismissed from the service. It is further stated by the petitioner that prior to the said letter dated 06.06.1996 (Annexure -5), he was not informed at all about the pendency of the departmental proceedings against him and therefore, no reasonable opportunity was given to him to defend himself. It is further stated by the petitioner that in the second show -cause notice dated 06.06.1996 (Annexure -5), it was mentioned that the copy of the enquiry report was being sent alongwith the said notice but in fact no such enquiry report was attached with the said letter. In this regard, it is further submitted that the petitioner was served with the copy of the enquiry report only on 23.01.1998 alongwith the order of the punishment of dismissal contained in Annexure - 7.;