IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16679 of 2010 CHANDRA SHEKHAR PRASAD, SON OF LATE RAJESHWARI PRASAD, RESIDENT OF B/197, POLICE COLONY, GANDHI VIHAR, P.O.- ANISABAD, P.S.- GARDANIBAGH, DISTRICT- PATNA :--- PETITIONER . Versus 1. THE BIHAR STATE FINANCIAL CORPORATION, FRASER ROAD, PATNA THROUGH ITS MANAGING DIRECTOR. 2. THE BOARD OF DIRECTORS OF THE BIHAR STATE FINANCIAL CORPORATION, FRASER ROAD, PATNA THROUGH ITS CHAIRMAN. 3. THE MANAGING DIRECTOR, BIHAR STATE FINANCIAL CORPORATION, FRASER ROAD, PATNA. 4. SRI RANJAN KUMAR, SON OF NAME NOT KNOWN TO THE PETITIONER, MANAGER (P&A), FRASER ROAD, PATNA :--- RESPONDENTS. ----------- 3. 05.10.2010. Heard learned counsel for the petitioner and the counsel for the Bihar State Financial Corporation (hereinafter referred to as the “Corporation”). 2. Petitioner at the relevant time served as Assistant Manager in the Corporation. He is aggrieved by the office order no. 27/2001-2002 bearing Memo No. 1119 dated 22.8.2001, Annexure- 24, whereunder he has been dismissed from the service of the Corporation after conducting a departmental proceeding against him in the light of the report of the Enquiry Officer which is dated 12.01.1998, Annexure-12 to this application. Petitioner is also aggrieved by the appellate resolution of the Board of Directors dated 27.02.2008, whereunder appeal filed by him against the dismissal order was rejected under Agenda Item No. 14114 communicated to the petitioner under - 2 - Letter No. 1602 dated 14.3.2008, Annexure-32. 3. It is submitted on behalf of the petitioner that he was not given adequate opportunity to defend himself during the enquiry as without giving him opportunity to defend himself the Enquiry Officer submitted report on the basis of the materials in the file. The Managing Director placing reliance on the report of the Enquiry Officer passed 15 similar orders on the same day. One of those orders was in the case of Jay Prakash Sinha, another Deputy Manager of the Corporation who challenged his dismissal order dated 22.08.2001 in C.W.J.C.No. 1718 of 2006 which was allowed under orders dated 26.03.2008 and the dismissal, appellate order passed in the case of Jay Prakash Sinha was set aside. It is submitted on behalf of the petitioner that his case is also covered by the findings recorded in the order dated 26.3.2008. 4. Having perused the order dated 26.3.2008 along with the dismissal order bearing Memo No. 1119 dated 22.8.2001, Annexure-24 passed in the case of the petitioner, I am satisfied that his case is also covered by the orders of this Court dated 26.3.2008 passed in the case of Jay Prakash Sinha, petitioner in C.W.J.C.No. 1718 of 2006. Having reached the aforesaid finding, order - 3 - bearing Memo No. 1119 dated 22.8.2001, Annexure- 24 and the appellate resolution of the Board of Directors dated 27.2.2008, as regards Agenda Item No. 14114 rejecting the appeal of the petitioner, is set aside with direction to the petitioner to appear before the Managing Director along with a copy of this order whereafter the Managing Director shall appoint another Enquiry Officer and serve on the petitioner the evidence on the basis of which the charges levelled against the petitioner is sought to be proved and thereafter direct the Enquiry Officer to proceed with the enquiry on day-to-day basis so as to conclude the same in accordance with law as early as possible in any case before superannuation of the petitioner. Arrears of salary for the period of dismissal till the date of this order shall be subject to the result of the further enquiry which shall be conducted in compliance of my order. Current salary shall, however, be paid to the petitioner. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)