BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS MANAGING DIRECTOR Vs. SANTOSH KUMAR SINHA S/O LATE BALESHWAR PRASAD

JUDGEMENT

(1.) Questioning the legal propriety of the order dated 26.8.2009 passed by the learned Single Judge in CWJC. No. 7626 of 2009, the present intra-court appeal has been preferred.

(2.) The respondent was dismissed from service on 14.1.2008 by the Managing Director invoking the power conferred on him under Clause 1.5(a) of the said Regulations. The said order came to be assailed in CWJC. No. 4871 of 2008, wherein the learned Single Judge expressed the view that the said Regulations were inapplicable to the respondent on the foundation that the respondent was appointed in 3.3.1978, whereas the Regulations came into force in 2007 and, therefore, it would not cover the appointees of 1978. Being of this view, the order of termination was quashed.

(3.) After the said order was quashed, the respondent was re-instated and a charge-sheet was issued on 31.12.2008 and an inquiry was held by the Inquiry Officer, wherein the respondent was exonerated from the charges, but it was brought to the notice of the learned Single Judge that the disciplinary authority was contemplating to differ with the findings recorded by the Inquiry Officer. It was canvassed before the learned Single Judge that the respondent was entitled to the back wages from the date of termination, that is, 14.1.2008 till the date of re-instatement, that is, 8.9.2008. The learned Single Judge appreciating the factual matrix allowed the same.