IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1069 OF 2010 IN CIVIL WRIT JURISDICTION CASE NO. 9502 OF 2009. WITH INTERLOCUTORY APPLICATION NO.5784 OF 2010 IN LETTERS PATENT APPEAL NO.1069 OF 2010. ================================================== 1. The Bihar State Food & Civil Supplies Corporation Limited, Through Its Chairman, Sone Bhawan, 5th Floor, Beer Chand Patel Path, P.S. Sachivalaya, District- Patna. 2. The Chairman Cum Managing Director, The Bihar State Food & Civil Supplies Corporation Limited, Sone Bhawan, 5th Floor, Beer Chand Patel Path, P.S. Sachivalaya, District- Patna. 3. The Chief Of Administration, The Bihar State Food & Civil Supplies Corporation Limited, Sone Bhawan, 5th Floor, Beer Chand Patel Path, P.S. Sachivalaya, District- Patna. 4. The Chief Of Finance Cum Enquiry Officer, The Bihar State Food & Civil Supplies Corporation Limited, Sone Bhawan, 5th Floor, Beer Chand Patel Path, P.S. Sachivalaya, District- Patna. ----Appellants. Versus 1. Pitambar Jha, S/O Late Pushp Lal Jha, R/O Mohalla Benta, P.S. Benta ( Laheriasarai) ,District- Darbhanga.--- Respondent ================================================== Appearance : For the Appellant : Mr. R.S.Pradhan, Senior Advocate For the Respondent : Mr. Gyanand Roy, Advocate ================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3. 26.8.2010. Reg: I.A.No.5784 of 2010 This application under section 5 of the Limitation Act is made by the appellants the Bihar State Food and Civil supplies Corporation Limited and its officers for condoning 2 the delay of 8 days occurred in filing the Letters Patent Appeal. On the aforesaid facts and in the circumstances, the delay is condoned. Interim Application is disposed of. Reg: Letters Patent Appeal No.1069 of 2010. Heard learned Advocates. This appeal is filed against the judgment and order dated 12th May 2010 passed by the learned Single Judge in C.W.J.C.No.9502 of 2009. The learned Single Judge has set aside the punishment imposed upon the delinquent writ petitioner on the ground that the Disciplinary Authority did not assign reasons for not agreeing with the finding of the Enquiry Officer and for holding the delinquent guilty of the charges levelled against him. Law is quite well settled that in the event the Disciplinary Authority disagrees with the finding of the Inquiry Officer, he has to assign reason for disagreement and shall record its own finding. In the present case, the Disciplinary Authority did record his finding holding the delinquent guilty, but did not 3 assign reason for the same. In our opinion, the learned Single Judge has rightly allowed the writ petition and set aside the order of punishment. No case for interference is made out. The Letters Patent Appeal is dismissed. ahk (R. M. Doshit, CJ) (Jyoti Saran, J)