IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17642 of 2010 DEVENDRA SINGH, SON OF LATE SHEO SHANKAR SINGH RESIDENT OF VILLAGE SONEPUR, P.S. SONEPUR, DISTRICT SARAN AT CHAPRA, PRESENTLY RESIDING AT C/O KAILASH RAI, TELAIYA CLINIC, BYE PASS ROAD, JHUMRITELAIYA, P.O. KODARMA, P.S. KODARMA, DISTRICT KODARMA (JHARKAHAND). Versus 1. THE BIHAR STATE CORPORATIVE LAND DEVELOPMENT BANK LTD. BUDHA MARG, PATNA THORUGH ITS CHAIRMAN. 2. THE CHAIRMAN, THE BIHAR STATE CORPORATIVE LAND DEVELOPMENT BANK LTD. BUDHA MARG, PATNA. 3. THE MANAGING DIRECTOR, THE BIHAR STATE CORPORATIVE LAND DEVELOPMENT BANK LTD. BUDHA MARG, PATNA. 4. THE DIRECTOR PERSONNEL, THE BIHAR STATE CORPORATIVE LAND DEVELOPMENT BANK LTD. BUDHA MARG, PATNA. ----------- 04. 04.11.2010 Heard learned counsel for the petitioner and the Bihar State Cooperative Land Development Bank Ltd.(hereinafter referred to as the Bank). 2. Petitioner at the relevant time served with the Bank on the post of Field Officer. He is aggrieved by the office order bearing Memo No.594 dated 5.3.2010, Annexure-1, whereunder he has been dismissed from the service of the Bank on the ground of long unauthorized absence. Order dated 5.3.2010 has also been affirmed in appeal vide order dated 24.8.2010, Annexure-3. The two orders are assailed on the ground that before dismissing the petitioner on the ground of his long absence, no proceeding was initiated against him and the two orders are violative of Article-133 of the Service Rules. The fact that petitioner was dismissed from the service of the Bank without initiating any proceeding is admitted by the counsel for the - 2 - Bank. 3. As the petitioner has been dismissed from the service of the Bank without initiating any proceeding against him, infracting Rule-133 of the Service Rules, I set aside the dismissal order dated 5.3.2010 as also the appellate order dated 24.8.2010, Annexures-1, 3. Having set aside the two orders, it is directed that petitioner be reinstated in service and served with chargesheet on or before 22.11.2010. After receipt of the chargesheet petitioner should file his written defence within two weeks of service of the chargesheet. The Enquiry Officer should thereafter proceed with the departmental proceeding and conclude the same, as early as possible, in any case within a reasonable time. In case, petitioner applies for unnecessary adjournment, it shall be open for the Enquiry Officer to proceed ex parte. Petitioner shall be entitled for salary and allowances with effect from the date of his reinstatement. Arrears of salary for the period of unauthorized absence shall depend upon the result of the enquiry proceeding. 4. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)