IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4871 of 2008 SANTOSH KUMAR SINHA Versus BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS ---------- 3. 14.08.2008 Vide order dated 14.1.2008 contained in annexure-1 petitioner, a permanent employee of the respondent authority appointed way back on 3.3.1978, has been terminated by invoking section 1.5 (a) of Bihar Industrial Area Development Authority (Financial, Service & Technical) Regulations, 2007. Contention of the learned counsel for the petitioner is that the order impugned is illegal per se because the said Regulation has no application in so far as the present petitioner is concerned. Even if it is presumed that the said Regulation has statutory force it can only have a prospective effect and it can not apply to permanent employees who were appointed many many decades ago under the earlier set of rules and regulations prevalent at the relevant time. Even otherwise a permanent employee cannot be dismissed in the cursory manner the way it has been done by the Managing Director because if the petitioner is guilty of any omission or commission, a departmental enquiry will have to be held and only based on the findings an action can be taken against him. Respondents in the counter affidavit have justified the impugned order but they do not have an explanation as to how Regulation of 2007 will come into play with regard to a permanent employee already appointed way back in the year 1978. - 2 - The impugned order contained in annexure-1 dated 14.1.2008 is hereby quashed. The writ application stands allowed. rkp (Ajay Kumar Tripathi, J)