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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANSHUMAN
Hemlata Kumari Singh D/o Shri Madan Mohan Singh – Appellant
Versus
Bihar Industrial Area Development Authority (BIADA) Udyog Bhawan, Gandhi Maidan, Patna through its Managing Director – Respondent
JUDGMENT :
Heard learned Senior counsel Mr. Sanjay Singh assisted by Mr. Bibhuti Narayan, Advocate for the petitioner and learned counsel Mr. Ayush Kumar assisted by Mr. Kanishka Shankar, Advocate for the Bihar Industrial Area Development Authority (in short ‘BIADA’).
Re:- I.A. No. 1 of 2025, I.A. No. 2 of 2025 & I.A. No. 3 of 2025
Learned Senior counsel for the petitioner submits that there are three interlocutory applications mentioned above. Senior counsel submits that he is not pressing any of the said I.A.
2. As such, I.A. No. 1 of 2025, I.A. No. 2 of 2025 & I.A. No. 3 of 2025, all are hereby dismissed as not pressed.
Re:- C.W.J.C. No. 11079 of 2024
The present writ petition has been filed for the following relief/s:-
“I. For quashing the order dated 29.05.2024 passed in Appeal Case No. 03/2023, by the Respondent No. 2, whereby and where under the Appeal filed by the Petitioner has been dismissed in a mechanical, arbitrary, whimsical, pick and choose manner, whereas the similarly situated coterminous contractual employees has been reinstated considering the fact that the termination of the Petitioner is 'termination stigmatic’ and without compliance of the principles of natural justi
A termination order can be deemed stigmatic if issued without proper inquiry, violating principles of natural justice, necessitating reinstatement of the affected party.
Termination of a contractual employee based on an FIR does not constitute a stigmatic termination if the service agreement allows termination without inquiry.
If misconduct is the foundation to pass the order, then an enquiry into misconduct should be conducted and an action according to law should follow. But if it is (sic) notice, it is not incumbent upo....
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