ALOK KUMAR VERMA Vs. BIHAR STATE FINANCIAL CORPORATION, FRASER ROAD, PATNA THROUGH ITS MANAGING DIRECTOR

JUDGEMENT

(1.) HEARD counsel for the parties. Vide office order dated 14.4.1998 (Annexure -24) the Managing Director of the respondent -Bihar State Financial Corporation (hereinafter to be referred to as the Corporation) passed the order of dismissal from service against the petitioner.

(2.) Though initially when the writ application was filed petitioner was aggrieved by a communication dated 29.1.1998 (Annexure -13) but the same lost its meaning due to the subsequent development reflected in the order contained in Annexure -24. The relief primarily now is against Annexure -34, the order of dismissal, in the present writ application. From the perusal of the pleadings made in the writ application it looks like a long drawn -up battle which was going on between the present petitioner who was holding the post of Assistant General Manager and the respondent -Corporation specially the Managing Directors who happen to be the Chief Executive Officer. Way back in the year 1993 petitioner was put under suspension in contemplation of a pending enquiry which related to some charges alleged to be 12 years old. The said become a subject of challenge before the High Court in CWJC No. 4112 of 1993. The suspension, it seems, came to be revoked since an enquiry report had already been submitted. Petitioner was given liberty to respond to the same but he did not offer his explanation so the punishment of compulsory retirement from service was inflicted upon him. The said order became a matter of challenge in yet another writ proceeding which was C.W.J.C. No. 3862 of 1994. One of the ground for seeking quashing of the punishment order was allegation of mala fide against one Mr. Ashok Kumar Singh, the Managing Director of the Corporation. There is a narration thereafter of certain acts having been committed by Mr. Ashok Kumar Singh, which also became a subject matter of contempt because according to the petitioner in a sub - judice matter the Managing Director was indiscreet by addressing the media, print and electronic, on the issue. The Court took cognizance of the issue but disposed of the contempt application stating that there was no occasion for the Managing Director to go to the Press in a sub -judice matter. 18/4/2014 Page 197 Heman Rai Versus State Election Commission

(3.) IN the writ application, namely, C.W.J.C. No. 3862 of 1994, the High Court vide its decision contained in Annexure -1 held that there was a bias on the part of the Enquiry Officer, no enquiry as such in the eye of law was held and the findings were perverse and arbitrary. The order of punishment was quashed. Petitioner was reinstated in service but liberty was granted to the respondents to continue the departmental proceeding if they so desired and conclude the same within a period of six months. The above fact is borne out from the order of the High Court dated 8.2.1996 contained in Annexure -1.