SHASHI KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is an Assistant Executive Officer of the BIADA and is facing departmental proceeding. He has come to this Court against his order of suspension, as passed by the Managing Director of BIADA, as contained in Annexure -10, as also objecting to appointment of Dr. Girish Kumar, Secretary, BIADA, as Enquiry Officer.

(2.) LEARNED AAG -3 has appeared on behalf of BIADA and learned counsel for the State is present. With the consent of the parties, this application is being disposed of at this stage itself.

(3.) MR . S.D. Sanjay, learned counsel in support of the writ petition submits that as per the decision of the Board of Director of the BIADA, dated 2nd July, 2003 (Annexure - 7) and in particular Agenda 6 (Any other item), the Board of Director has taken a decision in relation to departmental proceeding and how and who would conduct the same. It was specifically provided that so far as Gazetted Officers are concerned, it was provided that the departmental proceeding would be conducted with the approval of the Board of Director. In ordinary matter, in respect of non gazetted employee, the proceeding could be taken up by the Director but in so far as it relates to removal from service, reduction in rank and censure, which would be taken up by the Managing Director. Based on this, Mr. Sanjay submits that the petitioner being a gazetted employee, the proceeding has been sought to be initiated by the Managing Director is wholly without jurisdiction. The matter has never been considered by the Board of Director. He could thus be not put under suspension nor proceeded against on this ground. Alternatively, he submits that Dr. Girish Kumar is prejudiced against him. He has already pre -judged the matter in all its aspect. Petitioner is not likely to get justice from him and the enquiry to be conducted by him cannot be independent or impartial.