IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.475 of 2008 1. Bihar State Financial Corporation, Fraser Road, Patna through its Managing Director 2. The Board of Directors, Bihar State Financial Corporation, Fraser Road, Patna through its Chairman 3. Managing director, Bihar State Financial Corporation, Fraser Road, 4. Sri R.P.Singh, son of name not known to the petitioner, Conducting Officer, Officer on special Duty, Bihar State Financial Corporation, Fraser Road, Patna 5. Sri Ranjan Kumar son of Sri Sreedhar Prasad Sinha, Manager (P&A), Bihar State Financial Corporation, Fraser Road, 6. Sri subhash Sharma son of Sri G.D.Sharma, at present posted as Joint secretary, National Highway Authority, Central Secretariat, New Delhi, Previously posted as Chairman, Bihar State Financial Corporation, Fraser Road.- Appellants. Versus Jai Prakash Sinha son of Sri Chhotelal Jee, R/O Mohalla, Shivpuri, Behind A.N.College, P.S.Sri Krishna Puri, Boring Road, Patna.--- Respondent. For the appellants : Mr.Y.V.Giri, Senior Advocate With Mr. Raju Giri For the respondent : Mr. Manik vedsen, Advocate --------- 7. 04.2.2009. Respondents-appellants, aggrieved by the order dated 26.3.2008 passed by a learned Single Judge in C.W.J.C.No.1718 of 2006 allowing the writ application, have preferred this appeal under Clause 10 of the Letters Patent. Mr. Y.V.Giri, Senior Advocate, appearing on behalf of the appellants, submits that the learned Single Judge had erred in setting aside the order of dismissal. We not do not find any substance in his submission. The learned Single Judge, on consideration of the material on record, came to the conclusion that the inquiry was not fair and 2 on that finding, held the order of dismissal to be bad in law. In this connection, the observation of the learned Single Judge in paragraph no.12 of the order deserves to be quoted. It reads as follows: “12. On perusal of the order passed by the disciplinary authority I find that he has not discussed any evidence, simple and vague statement has been made that on perusal of all relevant documents he find that the petitioner is not capable of being retained in service of the corporation. So far the appellate order is concerned, reliance has been placed on the enquiry report the enquiry officer has referred to the corollary pages of some files, note sheets and some confidential document. Simply, those have been referred, but not discussed, neither placed before the proceedee on the basis of such documents, the enquiry officer submitted his enquiry report finding all charges proved. The appellate authority also affirmed the punishment order relying upon such enquiry report. Counsel for the petitioner has placed reliance on a decision reported in 2001 (1) P.L.J.R. 116 (S.K.Verma Vrs. The State of Bihar & ors) where it has been held “in view of the fact that during the enquiry no witness was examined, this Court holds that the charges against the petitioner cannot be said to have been proved. It is well known principle that at the stage of enquiry the petitioner is entitled to be given a reasonable opportunity to cross-examine the witnesses who are produced to prove the charges. The petitioner also has a right to adduce evidence by producing witnesses. It is well known that at this stage provision of Indian evidence Act does not apply. But the substantial principles of Evidence Act are to be observed in a departmental enquiry also”.” 3 Mr. Giri, then submits that in any view of the matter, the appellants ought to have been allowed to proceed with the enquiry denovo by the learned single Judge on its own finding. Mr. Manik Vedsen appears on behalf of the respondent and submits that the facts of the present case do not justify any further enquiry. The learned Single judge, while setting aside the order of dismissal had not stopped the appellants from proceeding with the enquiry denovo and in that situation, we are of the opinion that nothing prevents the appellants to proceed against the respondent denovo in accordance with law. Appeal stands dismissed with the observation aforesaid. ahk (C. K. Prasad,ACJ) (Shyam Kishore Sharma)