IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.17642 of 2010
DEVENDRA SINGH, SON OF LATE SHEO SHANKAR SINGH
RESIDENT OF VILLAGE SONEPUR, P.S. SONEPUR, DISTRICT
SARAN AT CHAPRA, PRESENTLY RESIDING AT C/O KAILASH
RAI, TELAIYA CLINIC, BYE PASS ROAD, JHUMRITELAIYA, P.O.
KODARMA, P.S. KODARMA, DISTRICT KODARMA
(JHARKAHAND).
Versus
1. THE BIHAR STATE CORPORATIVE LAND DEVELOPMENT
BANK LTD. BUDHA MARG, PATNA THORUGH ITS
CHAIRMAN.
2. THE CHAIRMAN, THE BIHAR STATE CORPORATIVE LAND
DEVELOPMENT BANK LTD. BUDHA MARG, PATNA.
3. THE MANAGING DIRECTOR, THE BIHAR STATE
CORPORATIVE LAND DEVELOPMENT BANK LTD. BUDHA
MARG, PATNA.
4. THE DIRECTOR PERSONNEL, THE BIHAR STATE
CORPORATIVE LAND DEVELOPMENT BANK LTD. BUDHA
MARG, PATNA.
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04. 04.11.2010 Heard learned counsel for the petitioner and the Bihar State
Cooperative Land Development Bank Ltd.(hereinafter referred to as
the Bank).
2. Petitioner at the relevant time served with the Bank on
the post of Field Officer. He is aggrieved by the office order bearing
Memo No.594 dated 5.3.2010, Annexure-1, whereunder he has been
dismissed from the service of the Bank on the ground of long
unauthorized absence. Order dated 5.3.2010 has also been affirmed in
appeal vide order dated 24.8.2010, Annexure-3. The two orders are
assailed on the ground that before dismissing the petitioner on the
ground of his long absence, no proceeding was initiated against him
and the two orders are violative of Article-133 of the Service Rules.
The fact that petitioner was dismissed from the service of the Bank
without initiating any proceeding is admitted by the counsel for the
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Bank.
3. As the petitioner has been dismissed from the service of
the Bank without initiating any proceeding against him, infracting
Rule-133 of the Service Rules, I set aside the dismissal order dated
5.3.2010 as also the appellate order dated 24.8.2010, Annexures-1, 3.
Having set aside the two orders, it is directed that petitioner be
reinstated in service and served with chargesheet on or before
22.11.2010. After receipt of the chargesheet petitioner should file his
written defence within two weeks of service of the chargesheet. The
Enquiry Officer should thereafter proceed with the departmental
proceeding and conclude the same, as early as possible, in any case
within a reasonable time. In case, petitioner applies for unnecessary
adjournment, it shall be open for the Enquiry Officer to proceed ex
parte. Petitioner shall be entitled for salary and allowances with effect
from the date of his reinstatement. Arrears of salary for the period of
unauthorized absence shall depend upon the result of the enquiry
proceeding.
4. The writ application is, accordingly, disposed of.
Rajesh/ (V.N. Sinha, J.)