IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10507 of 2010 SUBHASH SINGH, SON OF LATE JEONATH SINGH, RESIDENT OF VILLAGE- BISHUNPURA, POLICE STATION- BIHTA, DISTRICT- PATNA . Versus 1. THE PRINCIPAL SECRETARY-CUM-CHAIRMAN OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, NEW SECRETARIAT BUILDING, BAILEY ROAD, PATNA-1. 2. THE MANAGING DIRECTOR, BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, UDHYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4. 3. THE SECRETARY, BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, UDHYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4. 4. THE EXECUTIVE DIRECTOR, BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, PATNA . ----------- FOR THE PETITIONER : MR. RANJAN KUMAR SINGH, ADVOCATE. FOR THE BIADA : MR. LALIT KISHORE, SENIOR ADVOCATE. ==== 2. 08.07.2010. Heard learned counsel for the petitioner and the counsel for the Bihar Industrial Area Development Authority (hereinafter referred to as “BIADA”). 2. Petitioner is aggrieved by the order dated 3.11.2007 passed by the Managing Director, BIADA, as contained in Annexure-1/1, whereunder after conclusion of a departmental proceeding he has been punished with the punishment of compulsory retirement. He is also aggrieved by the appellate order dated 18.1.2010, Annexure-1, whereunder the appeal filed against the order dated 3.11.2007 has been dismissed. Perusal of the order dated 18.1.2010, Annexure-1 indicates that the same is cryptic and does not even indicate the charge levelled against the petitioner as also the findings of the Enquiry Officer and the disciplinary authority. It only states that the charges levelled against the petitioner are extremely - 2 - serious and that the appellate authority is in agreement with the findings of the Managing Director. The appeal against the order passed by the disciplinary authority is a statutory appeal and is required to be dealt with considering the charge, defence and the findings of the Enquiry Officer as also the disciplinary authority in some detail. 3. Accordingly, the appellate order dated 18.1.2010, Annexure-1 is set aside and matter is remitted back to the Chairman, BIADA to hear Appeal No. 100 of 2008 afresh after fixing a date for its hearing. 4. Let a copy of this order be served on the office of the Chairman, BIADA by the petitioner, whereafter the Chairman , BIADA should fix a date for hearing of the appeal and communicate the date to the petitioner and hear the appeal on the date fixed as early as possible, in any case within a period of two months from the date of receipt of this order. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)