RANCHI, India, Feb. 5 -- Jharkhand High Court issued the following order on Jan. 5:

1 By filing this writ petition, the petitioner has prayed for the following reliefs:-

"for issuance of an appropriate writ/writs, order/orders, direction or directions particularly a writ in the nature of Certiorari for quashing of the order vide memo no.749/Gr.P. order dated 06.09.2018 (Annexure-7) whereby and whereunder the present petitioner's two increments withheld due to he is found to be guilty in departmental proceeding. The aforesaid departmental proceeding is itself bad in law because principle of natural justice has been violated and no any show-cause has been issued to the petitioner including second show-cause notice. On the other hand, upon false allegation dated 15.02.2017 (Annexure-2) on which does put the signature of Inquiry Officer i.e. the Deputy Commissioner of Hazaribagh but only shows the aforesaid inquiry report has been issued from the office of the Deputy Commissioner, Hazaribagh.

AND

The petitioner further prays for quashing of the order dated 16.05.2025 (Annexure-9) passed in Service Appeal No. 58/2018 by the learned Commissioner, North Chotanagpur Division, Hazaribagh whereby and whereunder the petitioner's grievances did not consider whereas the clear violation of principle of natural justice has been done because without issuing showcause notice including the second show-cause notice, the present petitioner has been punished withholding his two increments by the respondents authorities. The present petitioner already raised in appellate petition in para-9 (Annexure-8) with regard to second show-cause notice but the learned Commissioner did not consider it which is bad in law."

2. Heard learned counsel representing the petitioner and learned counsel representing the respondents.

3. The issue which falls for consideration in this writ petition is whether the second show cause notice was issued to the petitioner before the passing the impugned order of punishment and what would be the consequence, if not issued.

4. This Court vide order dated 11.12.2025, directed the respondents to specially inform this Court as to whether second show cause notice along with the enquiry report was served upon the petitioner or not, before issuing the order of punishment.

5. Today, learned counsel representing the respondent - State, after seeking instruction from the client, has specifically stated that no second show cause notice was issued to the petitioner before issuing the order of punishment.

6. The order of punishment is of stoppage of two increments with cumulative effect. This is a major punishment.

7. Though learned counsel representing the respondents submits that no prejudice has been caused to the petitioner due to non-submission of the enquiry report, but I am not in agreement with the said submission.

8. The Hon'ble Supreme Court in the case of Managing Director, ECIL Hyderabad & Ors. Vs. B. Karunakar & Ors. reported in (1993) 4 SCC 727, has clearly held that it is necessary to issue second show cause notice and serve a copy of the enquiry report to the petitioner, if the petitioner is sought to be punished.

9. In this case, admittedly the second show cause notice was not served upon the petitioner nor the enquiry report was furnished to him. Non-submission of the enquiry report definitely prejudices the delinquent employee. Without furnishing the enquiry report, the respondents cannot take a plea that the petitioner is not prejudiced. The finding of guilt in the enquiry proceedings, (i.e. the enquiry report) must be furnished to the delinquent employee, if the employer wants to rely upon the said report to punish the petitioner. Non supply of the said report, itself is prejudicial in nature, if punishment is imposed based on the said report.

10. Admittedly a major punishment has been imposed in this case, without furnishing the enquiry report and the second show cause notice, thus I am inclined to allow this writ petition. The order of punishment as contained in Memo No.749, Hazaribagh dated 06.09.2018 (Annexure-7 to the writ petition) is hereby set aside. Consequently, order dated 16.05.2025 passed in Service Appeal No.58 of 2018, is also set aside.

11. The respondents are given a liberty to furnish a copy of the enquiry report along with the second show cause notice to the petitioner and proceed from the stage of furnishing second show cause notice and the enquiry report.

12. With the aforesaid observation and direction to the respondents, this writ petition stands allowed. No order as to costs.

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