IMPORTANT POINT
A termination order can be deemed stigmatic if issued without proper inquiry, violating principles of natural justice, necessitating reinstatement of the affected party.

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 justice, service jurisprudence and in teeth of the service procedure laid down by the decision of the Cabinet contained in Memo No. 12534 dated 17.09.2018 (High Level Committee), illegal, arbitrary, malicious decision has been taken, which has no legs to stand in the eyes of law.

II. For quashing the Order/Memo No. 5794/I/737Estt/BIADA/2023 dated 09.09.2023 issued by Executive Director (Operations), BIADA, Patna whereby the contractual service of the Petitioner has abruptly been brought to an end by the Bihar Industrial Area Development Authority (herein after referred to as BIADA) on 09.09.2023 in most arbitrary, whimsical manner without compliance of the principles of natural justice and in complete violation of Article 14, 16 and 21 of the Constitution of India, equity and against all the canons of justice.

III. For the issuance of the direction in the nature of mandamus allowing Restituo in integrum to her post with all consequential benefits.

IV. For any other relief or reliefs for which the petitioner be found entitled in the eye of law.”

2. Learned Senior counsel for the petitioner submits that the order dated 29.05.2024 in Service Appeal No. 03 of 2023 passed by the Respondent no.2 dismissing the petitioner has been made in a mechanical, arbitrary, whimsical, pick and choose manner and it is basically a ‘termination stigmatic’ without following the service jurisprudence and in gross violation of principles of natural justice. Senior counsel submits that the petitioner was appointed on the post of Area Manager vide letter dated 27.01.2023 in the cluster office Hajipur on probation. Senior counsel submits that during the service, a termination notice was served to the petitioner dated 09.09.2023 in which allegation of misconduct, incompetency and indiscipline have been alleged in the light of Clause 2.7(i) and (iii) of the Bihar Industrial Area Development Authority (Financial, Service and Technical) Regulations, 2007. Senior counsel submits that it is an admitted position that the petitioner is the contractual employee, but the High Level Committee of the Government of Bihar vide Memo No. 12534 dated 17.09.2018 has protected the services of contractual employees. In this regard, the said circular/resolution has been annexed in the writ petition. Senior counsel further submits that the terms of agreement has been annexed by way of 2^nd supplementary affidavit in which it has been stated that appointment of the petitioner has taken