IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7754 of 2005 SURAJ PRASAD Versus THE STATE OF BIHAR & ORS For the petitioner : M/S Ram Janam Prasad, Asha Lata, Advocates. For the Respondent Bank : Mr. Jitendra Singh, Bishwajeet Singh, Advocates. For the State : Mr. Ajay Kumar Sharma (JC to AAG-III). ----------- 7. 11.7.2008. Heard learned counsel for the petitioner, State and the counsel for the Bihar State Co-operative Bank Ltd.(hereinafter referred to as “the Bank”). 2. Petitioner who is an employee of the Bank has filed this writ application against the dismissal order passed by the Managing Director contained in Memo No. 654/MD dated 16.3.2005, Annexure- 11 whereunder he has been dismissed after conclusion of the departmental proceeding. 3. It is submitted on behalf of the petitioner that the order is violative of service regulations since the enquiry proceeding on the basis of which order dated 16.3.2005 has been passed was conducted by the Managing Director himself who in terms of the Rules is not authorized to make such enquiry which is to be made by the Secretary/Deputy General Manager as the petitioner at the relevant time was holding a ministerial post in the Bank. Aforesaid submission is a point of jurisdiction and appreciating such lack of jurisdiction in the conduction of the enquiry proceeding, I quash the dismissal order dated 16.3.2005 and remit back the matter to the Managing Director to appoint a suitable Enquiry Officer to conduct the proceeding against the petitioner as per the charge sheet dated 8.3.2005, annexure-7. The - 2 - proceeding be conducted after accepting the joining of the petitioner and as earlier the petitioner was never under suspension he will be allowed salary from the date of his joining until the conclusion of the departmental proceeding. He will also be allowed full salary for the period between 8.2.2005 till 16.3.2005 during which period even after setting aside of the earlier dismissal order he was not paid salary by the then Managing Director. 4. With the aforesaid observations and directions this writ application is disposed of. Rajesh/ (V.N.Sinha,J.)