about his illness and treatment at RIMS, Ranchi, however, the inquiry proceeding was conducted on 03.03.2008, 12.03.2008, 19.03.2008 and 26.03.2008, illegally, and inquiry was fixed for 24.02.2008 which was a Sunday. A copy of the enquiry report was not served to the petitioner and after a second show-cause notice was issued to him on 24.04.2008, only when he approached the respondent-authority enquiry report dated 26.03.2008 was given to him on 02.05.2008. On absence of the petitioner during the enquiry proceeding, the learned counsel for the petitioner submits that if the petitioner has not furnished muster-rolls, measurement books etc., how it is possible that in his absence an amount of Rs.72,33,094/- has been adjusted by the conducting officer; total advance given to the petitioner was Rs.91,50,000/- and the total amount allegedly recoverable from him is Rs.19,16,906/-. The petitioner has taken a stand that the Deputy Secretary, Department of Road Construction vide its letter dated 21.07.2010 directed the Deputy Commissioner, Latehar to send a report on the unadjusted amount, if any, pending against the petitioner and the pending amount awaiting government’s sanction, however, without awaiting a report in compliance of the direction contained in letter dated 21.07.2010 the penalty order dated 07.10.2011 has been passed. This stand of the petitioner has remained uncontroverted.
