IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12395 of 2008 Manoj Kumar, S/o Late Sitaram Prasad, resident of Mohalla- Mishra Tola, P.S.-Sadar Darbhanga, District-Darbhanga. .............Petitioner. Versus 1. The State of Bihar through its Principal Secretary, Department of Industries, Government of Bihar New Secretariat Building, Patna. 2. The Bihar State Industrial Area Development Authority through its Managing Director, Udyog Bhawan, East Gandhi Maidan, Patna-4. 3. The Secretary, Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, Patna-4. 4. The Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, Patna-4. 5. The Executive Director, Regional Office, Bhagalpur, Bihar Industrial Area Development Authority. ...............Respondents. ----------- 06/ 21.04.2009 Heard learned counsel for the petitioner and learned counsel for the Bihar Industrial Area Development Authority. By the order dated 15.03.2008 the petitioner has been terminated from service. The aspect that under the regulations of the authority, unauthorized absence was a misconduct entailing punishment has been considered by this Court in C.W.J.C. 15596 of 2008 disposed of on 20.04.2009. It has been held therein that if unauthorized absence was misconduct and a major punishment of termination from service was to be imposed it had to be preceded by a full-fledged issuance of charge sheet, a departmental proceeding with the finding of the guilt. In absence of these procedures having not been - 2 - followed the impugned order of the termination in like manner has been set aside in the aforesaid writ application. This writ application is allowed in similar terms as C.W.J.C. 15596 of 2008. The order of termination dated 15.03.2008 for that reasons stands set aside. The application is allowed. S.Sb/- (Navin Sinha, J.)