petitioner is guided by the Bihar Police Manual as well as by the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (hereinafter referred to as “CCA Rules, 2005”). Counsel further submits that there is a gross violation of Rule 17(4) and Rule 17(23) of the CCA Rules, 2005 in case of the petitioner. Counsel also submits that the contention of the Rule 17(4) of CCA Rules, 2005 is that the disciplinary authority shall deliver or cause to be delivered to the Government Servant a copy of the articles of charge, such statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall require the Government Servant to submit, within such time as may be specified, a written statement of his defence and to state whether he desires to be heard in person. Counsel submits that such written statement of his defence has not been demanded from him. Rule 17(23) of CCA Rules, 2005 has also been violated due to the reason that assessment of the evidence in respect of each article of charge and finding of each article of charge with the respective reasons were also not made in the enquiry report and therefore, any further action on the basis of the said defective procedure shall not sustain in the eye of law.
