IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1097 of 2010 1. SHASHI KUMAR S/O LATE SURESHWARI SHARAN R/O 203, PUSHPANJALI VENKATESH APARTMENT , BUDH MARG, P.S. KOTWALI, DISTT-PATNA Versus 1. THE MANAGING DIRECTOR , BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAVAN, EAST GANDHI MAIDAN, PATNA 2. THE SECRETARY-CUM-ENQUIRY AUTHORITY , BIHAR INDUSRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAVAN, EAST GANDHI MAIDAN, PATNA 3. DR. GIRISH KUMAR , SECRETARY-CUM-ENQUIRY AUTHORITY , BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAVAN, EAST GANDHI MAIDAN, PATNA 4. THE DEVELOPMENT OFFICER-CUM-PRESENTING AUTHORITY REGIONAL OFFICE, BIHAR INDUSTRIAL AREA DEVEOPMENT AUTHORITY, MUZAFFARPUR ----------- For the Petitioner :M/s S.D. Sanjay, Advocate For the State :Mr. Lalit Kishore, AAG-III 02/ 11.02.2010 Heard learned counsel for the petitioner and the counsel for the Bihar Industrial Area Development Authority, Patna (hereinafter referred to as the Authority). 2. Petitioner has filed this writ application for a direction to the Authority to change the Enquiry Officer in the light of the observation made by this Court under orders dated 31.7.2009, Annexure-9 to this application. Perusal of the said order indicates that petitioner was given option to request the Disciplinary Authority to change the Enquiry Officer. He was also permitted to make such request before the Enquiry Officer. Petitioner requested the Disciplinary Authority to change the Enquiry Officer, but his request was rejected under orders dated 29.8.2008, which was communicated to the petitioner under office order, bearing Memo No. 5814 dated 31.8.2009, Annexure-12 to this application, whereafter petitioner requested the Enquiry Officer to refrain himself from proceeding with the 2 enquiry, as he had earlier conducted ex parte enquiry against the petitioner in connection with the same charges and had found him guilty of the charges. The petition is dated 8.9.2009, Annexure-13 to this application, which has not yet been considered by the Enquiry Officer. 3. In the circumstances, the writ application is disposed of with direction to the Enquiry Officer, Dr. Girish Kumar to first consider the request of the petitioner to refrain himself from proceeding with the enquiry in the light of the contents of the petition dated 8.9.2009, Annexure-13, which has been filed in the light of the earlier orders of this Court. 4. Petitioner is directed to appear with a certified copy of this order before the Enquiry Officer on 22.2.2010 and thereafter the Enquiry Officer, after hearing the petitioner or his counsel, shall pass appropriate order within a reasonable time, in any case within three weeks from the date of appearance of the petitioner. 5. It is, however, made clear that until the Enquiry officer disposes of the petition dated 8.9.2009, Annexure-13, he shall not proceed with the matter 6. With the aforesaid observations, this application is disposed of. Arjun/ ( V.N. Sinha, J.)