petitioner submitted his written statement of defence. The Chief Engineer was appointed as Enquiry Officer. The Enquiry Officer submitted his report holding the petitioner guilty, vide Annexure-2 to the writ application. Due to bifurcation of the State of Bihar, the petitioner was allotted to the State of Jharkhand. Even after creation of the State of Jharkhand a second show cause notice was issued by the State of Bihar followed by the order of dismissal as contained in Memo no.1322 dated 19.04.2005, vide Annexue-3 to the writ application. The petitioner challenged the order of suspension dated 18.01.2001 and the order of punishment of dismissal dated 19.04.2005 awarded by the State of Bihar in W.P.(S) No.4891 of 2005 which was finally disposed of on 10.09.2007 and this Court by setting aside the order of dismissal the matter was remitted to the Secretary, Water Resources Department to take a fresh decision in accordance with law and with regard to payment of subsistence allowance. A copy of the order of suspension dated 18.01.2001 and the order passed in W.P.(S) No.4891 of 2005 has been annexed as Annexure-4 and 5 to the writ petition. In pursuance to the aforesaid order passed by this Court, a second show cause notice was issued the petitioner by the Deputy Secretary, vide letter No.694 dated 14.03.2008 (Annexure-6 to the writ petition) and finally respondent no.3 passed the order of dismissal communicated vide Memo No.3753 dated 31.12.2008 (Annexure-7 to the writ petition), whereas on the self same charges two Junior Engineers have been given lesser punishments i.e. ‘Nindan’, Vide Annexure-8 to the writ petition.
