KRISHNA LAL SRIVASTAVA Vs. PRDA

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This writ application is directed against the order, as contained in Annexure 1 dated 17th August, 1990 and the appellant order dated 14th May, 1992, whereby and whereunder the petitioner has been dismissed form services.

(3.) It is submitted by learned counsel for the petitioner that it is a case, where procedure quite unknown to law has been applied in passing the orders impugned. It is also submitted that the Secretary of the Patna Regional Development Authority (hereinafter to be referred to as "PRDA"), who raised the grievances against the petitioner, became Judge of his own cause, inasmuch as he issued the order of suspension and also order of dismissal and he became a witness in the proceeding. It is further submitted that it would appear from the materials on record that Shri Saheb Sharan, Secretary, PRDA had drawn the charges against the petitioner on the basis of which he was put under suspension vide order, as contained in Annexure 4, and he himself deposed against the petitioner in inquiry without giving any opportunity to the petitioner to cross-examine him and the other witnesses so examined nor the inquiry report was served upon him prior to passing of the order impugned, as contained in. Annexure 1.