IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No 4009 of 2009 1. SHASHI KUMAR S/O LATE SURESHWARI SHARAN R/O 203, PUSHPANJALI VENKATESH APARTMENT, BUDH MARG, P.S.- KOTWALI, TOWN AND DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH SRI A.K. SINGH, THE PRINCIPLE SECRETARY- CUM-COMMISSIONER-CUM-CHAIRMAN, (B.I.A.D.A.) null DEPARTMENT OF INDUSTRIES, GOVERNMENT OF BIHAR, PATNA 2. SRI A.K. SINGH, THE PRINCIPLE SECRETARY-CUM-COMMISSIONER-CUM- CHAIRMAN, (B.I.A.D.A.) DEPARTMENT OF INDUSTRIES, GOVERNMENT OF BIHAR, PATNA 3. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAVAN, EAST GANDHI MAIDEN, THROUGH ITS MANAGING DIRECTOR, MRS. ANSHULI ARYA 4. MRS. ANSHULI ARYA, MANAGING DIRECTOR BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, UDYOG BHAVAN, EAST GANDHI MAIDAN, PATNA 5. DR. GIRISH KUMAR, THE SECRETARY BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, UDYOG BHAVAN, EAST GANDHI MAIDAN, PATNA ----------- 2 03.03.2010 Mr Lalit Kishore, learned AAG III appearing for BIADA states that the Enquiry Officer has heard the petitioner towards the end of last month and is likely to pass order on the question of bias very soon. To recapitulate, petitioner has been suspended on basis of an ex parte enquiry report submitted to the Managing Director, BIADA by the same very Enquiry Officer. This Court noted, in the earlier writ petition, that the Enquiry Officer already having formed an opinion ex parte, there is every likelihood of bias but this issue must first be raised before the Enquiry Officer. Petitioner raised the issue but the Enquiry Officer avoided deciding it. Petitioner then approached the Managing Director who refused to change the Enquiry Officer notwithstanding observation of this Court in the earlier proceedings. Petitioner challenged the order of the Managing Director before this Court in 2 another writ application. That writ application was disposed of with a direction to the Enquiry Officer to decide on the issue of bias within three weeks. It is pursuant to that order, the matter has been heard. In my view, as the matter has already been heard by the Enquiry Officer on this count, an order is likely to be passed soon as assured by Shri Lalit Kishore. Nothing more needs to be done in this application. This application, in the hope orders are passed expeditiously, is disposed of. M.E.H./ (Navaniti Prasad Singh)