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2016 Supreme(Pat) 1180

HEMANT GUPTA, AHSANUDDIN AMANULLAH
Chairman, Bihar Industrial Area Development Authority – Appellant
Versus
Arvind Kumar Singh son of Late Biswanath Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Piyush Lall
For the Respondents: Mr. R.N. Mukhopadhaya, Md. Nazir Ansari, Mr. Arun Kumar

JUDGMENT :

Hemant Gupta, J.

Heard learned counsel for the parties.

2. The present Letters Patent Appeal is directed against an order passed by the learned Single Bench of this Court on 4th of October, 2012 in C.W.J.C. No. 14833 of 2012, whereby the appellant Bihar Industrial Area Development Authority (hereinafter referred to as "BIADA") was directed to reconsider the representation of the writ petitioner and to pass appropriate order in the light of Fundamental Rule 54A.

3. The facts in brief are that the services of Respondent No. 1, the writ-applicant, was terminated on 17th of March, 2008. The appeal against the order of termination was dismissed. Thereafter, the Respondent No. 1 filed writ application C.W.J.C. No. 6472 of 2010. The writ application was allowed on 6th of October, 2010 for the reason that the order has been passed in violation of the principles of natural justice. While setting aside the order of termination, liberty was given to the department to pass fresh order in accordance with law.

4. It is thereafter; in the disciplinary proceedings an order was passed exonerating the writ-applicant in respect of encroachment of land of M/s Shushila Enterprises but the writ ap

















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