IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 8798 of 2009 Md Zeyaur Rahman, son of late Noorul Ambeya, resident of Mohalla – Mithanpur Chowk, P S – Mithanpur in the district of Muzaffarpur - Petitioner Versus 1 Bihar Industrial Area Development Authority through its Managing Director, Udyog Bhawan, East Gandhi Maidan, P S – Gandhi Maidan, Patna 2 The Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, P S – Gandhi Maidan, Patna 3 The Secretary, Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, P S – Gandhi Maidan, Patna 4 The Executive Director, Bihar Industrial Area Development Authority, Regional Office, Headquarters, Patna - Respondents *** For the petitioner : M/s Siya Ram Shahi & Sunil Kumar, Advocates For the respondents : Mr Lalit Kishore, Sr Advocate *** 2 28.07.2009 The petitioner was a Senior Personal Assistant to the Managing Director of the Bihar industrial Area Development Authority. On the charge of, inter alia, he being given 15 days’ time to learn computer and having failed to do so, he was dismissed from service. This Court set aside the dismissal order as also dismissal order of 150 persons who were dismissed simultaneously by the same Managing Director. On orders of dismissal being set aside, petitioner was reinstated but alongwith reinstatement, he was suspended and disciplinary proceedings on the same charges were initiated. Petitioner has come to this Court challenging the proceedings aforesaid. In my view, the proceedings, as initiated, cannot be interfered with as they are neither without jurisdiction nor without cause. But one striking thing is there that the charges for which the petitioner is proceeded are not that 2 grave that it should have called for such a drastic action. Suspension, during period of disciplinary proceeding, is a right that is available to the employer. That right has to be exercised in a non-arbitrary manner even though that right is a discretionary right. A discretionary right exercised in an arbitrary manner would be a wrongful exercise of the power. Without saying much, all I can say is that such order of suspension in such a case smacks of arbitrariness but as the order has been passed and proceeding initiated, I will not interfere with the same except directing the authority to conclude the proceedings following due procedure of law within a period of 2 months from today. With this observation, the writ petition stands disposed of. In case the proceeding is not disposed of within 2 months, the suspension order would stand revoked subject to petitioner’s cooperating in the matter. M.E.H./ (Navaniti Prasad Singh)