IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.842 of 2010 1. VIJAY CHANDRA LAL KARN S/O SHRI HARI NARAIN LAL R/O VILL. & P.O.- CHATRA, VIA- BENIPATTI, DISTT.- MADHUBANI, CHIEF ACCOUNTS-CUM-BUDGET OFFICER, REGIONAL OFFICE, BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY (BIADA), DARBHANGA Versus 1. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY (BIADA) UDYOG BHAVAN, PATNA THROUGH ITS MANAGING DIRECTOR 2. THE MANAGING DIRECTOR BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY (BIADA), UDYOG BHAVAN, EAST GANDHI MAIDAN, PATNA 3. THE SECRETARY-CUM-ENQUIRY OFFICER, BIADA UDHYOG BHAVAN, EAST GANDHI MAIDAN, PATNA 4. DR. GIRISH KUMAR, SECRETARY-CUM-ENQUIRY OFFICER, BIADA UDHYOG BHAVAN, EAST GANDHI MAIDAN, PATNA ----------- For the Appellant : M/s S.D.Sanjay,Gautam Kejriwal and Gopal Prasad Guypta,Advocates For the Respondents: Mr. Lalit Kishore,AAG III Mr. Piyush Lal,Advocate ------- 5. 24.06.2010 We have heard learned Counsels for the appellant and the respondents. In view of nature of the order to be passed we do not consider it necessary to take note of the facts except to the extent necessary. The appellant was subjected to a departmental proceeding. He raised a grievance that the order of punishment was passed without following any procedure for conduct of a departmental proceeding. This Court in CWJC No. 13620 of 2007 set aside the order of punishment on grounds of violation of procedures. Fresh departmental proceedings have been initiated. The Enquiry Officer remains the same. The appellant requested the disciplinary authority, the Managing Director, for a change of the Enquiry Officer on grounds of bias in view of the findings given earlier by the same Enquiry Officer. This was rejected leading to institution of CWJC No. 2530 of 2010 which has been dismissed. Consequently the present appeal. 2 A counter affidavit has been filed on behalf of the respondents. Para 9 of the same states that apart from the present Enquiry Officer conducting the present proceeding against the appellant, proceedings had been conducted by two other officers of the Authority co-terminus with the appellant against other employees. We do not consider it necessary to adjudicate and decide issues of official bias raised on behalf of the appellant to assail the judgment under appeal in view of very fair stand taken by the Counsels for the parties. Learned Counsel for the appellant submits on instruction that the appellant undertakes to cooperate in every manner with the departmental proceeding so as to ensure its disposal in accordance with law at the earliest. Learned Counsel for the Authority submits that the Enquiry Officer shall be changed who may be either one of them mentioned in Para 9 of the counter affidavit and in the event of their non-availability it may be any other third person in accordance with law. We dispose of the appeal with the following directions:- (a) The appellant shall appear before the disciplinary authority on 5.7.2010 along with a copy of the present order. The disciplinary authority shall inform the appellant of the new Enquiry Officer. (b) The appellant shall appear before the new Enquiry Officer on 9.7.2010 who shall then fix a 3 date for commencement of the proceedings in presence of the appellant. (c) The proceedings shall be conducted expeditiously in accordance with law so as to be concluded within a period of one month from the date of first commencement of the proceeding before the Enquiry Officer and final orders passed by the disciplinary authority within a maximum period of three weeks from the date of submission of the enquiry report. If the appellant breaches the undertaking given before this Court, the Enquiry Officer shall be at liberty to even proceed exparte. He shall however do so only after adequate notice to the appellant and after recording his satisfaction to that effect in the proceedings. We have been primarily persuaded to dispose of the present appeal on the above directions for the reasons that the appellant appears to have raised objection for change of enquiry officer on the very first date of the proceedings when we are informed that the proceedings have not actually commenced as yet. The judgment under appeal is set aside and the appeal stands allowed. (Navin Sinha,J.) (Dinesh Kumar Singh,J.) Snkumar/- 4