RANCHI, India, Dec. 19 -- Jharkhand High Court issued the following order on Nov. 19:

1. The instant writ application was initially preferred by the petitioner praying therein for quashing the order as contained in memo dated 28.12.2017; whereby a 2nd show-cause notice has been issued upon the petitioner pursuant to the enquiry report dated 07.04.2017 in the departmental proceeding initiated vide departmental resolution No. 796 dated 12.04.2016.

During pendency of the writ application, the petitioner has been dismissed vide order dated 15.01.2018, which the petitioner has challenged by way of I.A. No. 11602 of 2025 and this Court vide order dated 26.08.2025 allowed the aforesaid I.A.

2. Learned counsel for the petitioner submits that though in the enquiry report, the petitioner has been fully exonerated, however, a 2nd show-cause notice was issued to the petitioner without differing with he opinion of the Inquiry Officer and finally, order of punishment has been imposed on 15.01.2018.

3. Learned counsel draws attention of this Court towards the enquiry report, which is at page-86 of the writ application. He further draws attention of this Court towards the concluding portion at page101, which clearly indicates that the Inquiry Officer has exonerated the petitioner from the charges levelled against him.

Ld. Counsel contended that this is a case where principle of natural justice and settled proposition of law has not been complied with. Accordingly, the entire departmental proceeding be quashed and set aside and all consequential orders be also quashed.

4. Learned counsel for the respondents submits that this case has become infructuous in view of the fact that petitioner has now retired from the post of Assistant Director, where he was earlier posted, and he has received the retiral benefits.

However, learned counsel could not dispute the fact that the Inquiry Officer has exonerated the petitioner and he also could not brought on record any chit of paper which would transpire that a 2nd show-cause notice was issued to the petitioner differing with the view of the Inquiry Officer.

5. Having regard to the aforesaid facts and circumstances of the case and without going into the other aspects of the matter, the instant application deserves to be allowed only on the ground of noncompliance of settled procedure of departmental proceedings, because admittedly; the Inquiry Officer has exonerated the petitioner from the charges.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrBLie8UDt2CxaqTk%2B996z537LdrAi2kHcGAexPXbK68a&caseno=WPC/289/2018&cCode=1&cino=JHHC010015532018&state_code=7&appFlag=)

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