IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.744 of 2009 1. THE BIHAR INDUSTRIAL AREA DEVLOPMENT AUTHORITY through its Managing Director, Udyog Bhawan, East Gandhi Maidan, P.S. Gandhi Maidan, Patna. 2. Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, P.S. Gandhi Maidan, Patna. 3. The Secretary, Bihar Industrial Area Development Authority Udyog Bhawan, East Gandhi Maidan, P.S. Gandhi Maidan, Patna. 4. Executive Director, Bihar Industrial Area Development Authority, Regional Office, Bhagalpur. Versus MOTIUR REHMAN, son of Late Abdul Latif, Resident of Village Chakbhiki, Police Station Maniari, District Muzaffarpur. ----------- 6 11.03.2011 The present L.P.A. arises out of an order dated 16.4.2009 passed in C.W.J.C. No.8427 of 2008, whereby the learned Single Judge having heard the parties has quashed the order of termination simpliciter of the petitioner, respondent herein, from the service on the ground that the impugned order dated 21.1.2008 is non speaking in nature and was further pleased to direct that if the petitioner files an application for back wages then the same should be decided in accordance with the settled principles by a reasoned and speaking order after giving opportunity to writ petitioner, respondent herein within a period of eight weeks from the date of receipt of a copy of the order. Being aggrieved with the said order the Bihar Industrial Area Development Authority and others has filed the present appeal. Learned counsel appearing on behalf of the BIADA submitted that the petitioner, respondent herein, was in habit of absenting himself without prior permission of the Chairman who was driver of his Car and when an accident have occurred he left 2 the Car without any information. The record shows that the Chairman had to hide other driver. In such a situation the department has to issue order of termination simpliciter against the petitioner, respondent herein. Learned counsel has also contended that the regulation would not provide to assign reason when it was an order of termination simpliciter. Learned counsel for the writ petitioner, respondent herein, submits that the writ petitioner served the department till 2008. In his explanation he has also submitted that he has applied for leave due to Ramzan and he had admitted that he left the Car without permission. Admittedly, from the materials on record it appears that an explanation has been sought by the BIADA stating that the petitioner has applied for leave due to Ramzan but he left the Car without sanction of the leave. Having heard counsel for the parties, we are of the opinion that the punishment of termination simpliciter imposed upon the writ petitioner, respondent herein, should be modified and it should be converted into the compulsory retirement. Accordingly, we concur with the opinion expressed by the learned Single Judge, but however, the appeal is allowed to the extent stated supra. Abhay Kumar ( T. Meena Kumari, J.) (Shyam Kishore Sharma, J.)