BISHWA KALYAN GANGULY v. BIHAR INDUSTRIAL AREA DEVLOPMENTY AUTHORITY

SMT.SHILA DEVI Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12100 of 2008 MANNU RAM Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHRITY & ORS CWJC No.12143 of 2008 JIWACH RAY Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12246 of 2008 SMT.AKHILESHWARI DEVI Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12310 of 2008 HARI MANDAL Versus THE BIHAR INDUSTRIAL AREA DEVELOPMNT AUTHORITY & ORS CWJC No.12337 of 2008 DEVA NAND DUTTA Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12413 of 2008 - 3 - NAWAL KISHORE PRASAD Versus THE STATE OF BIHAR & ORS CWJC No.12442 of 2008 SHYAM YADAV Versus THE STATE OF BIHAR & ORS CWJC No.12455 of 2008 PRABHU NATH PASWAN Versus BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12462 of 2008 SURYA NARAIN PRASAD Versus THE STATE OF BIHAR & ORS CWJC No.12506 of 2008 UPENDRA KUMAR JHA Versus THE STATE OF BIHAR & ORS CWJC No.12510 of 2008 LALITA DEVI Versus THE STATE OF BIHAR & ORS CWJC No.12511 of 2008 JATA SHANKAR MISHRA Versus THE STATE OF BIHAR & ORS CWJC No.12551 of 2008 ASHOK KUMAR Versus BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12555 of 2008 SHANKER RAI Versus THE STATE OF BIHAR & ORS CWJC No.12556 of 2008 MAHENDRA SINGH Versus THE STATE OF BIHAR & ORS CWJC No.12558 of 2008 RAM BRIKSH DAS - 4 - Versus THE STATE OF BIHAR & ORS CWJC No.12578 of 2008 RAM BRIKSH SAH Versus THE STATE OF BIHAR & ORS CWJC No.12584 of 2008 SHANTI DEVI Versus THE STATE OF BIHAR & ORS CWJC No.12586 of 2008 SHAIL DEVI Versus THE STATE OF BIHAR & ORS CWJC No.12596 of 2008 PRATIMA DEVI Versus THE STATE OF BIHAR & ORS CWJC No.12598 of 2008 SIYA SHARAN PASWAN Versus THE STATE OF BIHAR & ORS CWJC No.12602 of 2008 MD.NASIRUDDIN KHAN Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12688 of 2008 RAJESH KUMAR MALLIK Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12703 of 2008 EINUAL HAQUE Versus BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12721 of 2008 RAM NATH SAHU Versus THE BIHAR INDUSTRIAL DEVELOPMENT AUTHORITY & ORS CWJC No.12737 of 2008 SATYA NARAIN PASWAN Versus - 5 - THE STATE OF BIHAR & ORS CWJC No.12740 of 2008 RAJDEO CHOUDHARY Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12744 of 2008 CHANDAN KUMAR Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12751 of 2008 BUDHAN THAKUR Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12765 of 2008 AJIT KUMAR SINGH Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12786 of 2008 LAKSHMI PASWAN Versus THE STATE OF BIHAR & ORS CWJC No.12821 of 2008 JAGDISH RAM Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12830 of 2008 INDRA DEO MISHRA Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12848 of 2008 RAJ KISHORE PRASAD Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12850 of 2008 UMA SHANKAR PRASAD Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12852 of 2008 MUKESH KUMAR - 6 - Versus THE STATE OF BIHAR & ORS CWJC No.12858 of 2008 SANJAY KUMAR PANDEY Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12859 of 2008 MALTI DEVI Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12861 of 2008 SHIV SAGAR TIWARY Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12862 of 2008 SHIV CHANDRA PASWAN Versus THE STATE OF BIHAR & ORS CWJC No.12890 of 2008 SUNIL KUMAR VERMA Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS With CWJC No.12964 of 2008 SURESH TIWARY Versus THE BIHAR INDUSTRIAL AREA DEVELOPPMENT AUTHORITY & ORS CWJC No.12965 of 2008 PANKAJ NARAYAN KHAN Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12972 of 2008 ASHOK KUMAR Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12973 of 2008 PRATHAM KAMTI Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.12976 of 2008 JYOTENDRA KUMAR ROY @ JYOTINDR Versus - 7 - THE STATE OF BIHAR & ORS CWJC No.13030 of 2008 UMESH CHOUDHARY Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.13062 of 2008 KIRAN KUMAR SINHA Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.13063 of 2008 BALESHWAR RAM Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.13067 of 2008 JAGDISH PASWAN Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.13072 of 2008 MD.SHAMIM KHAN Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.13154 of 2008 CHANDESHWAR PASWAN Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.13157 of 2008 SMT.GAURI DEVI Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.13159 of 2008 MOS.CHUNMUNA DEVI Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.13161 of 2008 UMA SHANKAR PRASAD Versus THE STATE OF BIHAR & ORS CWJC No.13172 of 2008 ASHOK KUMAR Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS - 8 - CWJC No.13241 of 2008 MD.SARFUDDIN Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.13254 of 2008 RAM RANJAN KUMAR Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS WITH CWJC No.13255 of 2008 SHANKAR BAHADUR Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.13276 of 2008 DINESH PRASAD Versus THE STATE OF BIHAR & ORS CWJC No.13277 of 2008 BHOGI LAL YADAV Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.13297 of 2008 RAM SHANKAR MISHRA Versus THE STATE OF BIHAR & ORS CWJC No.13336 of 2008 SHIVNANDAN PRASAD Versus THE STATE OF BIHAR & ORS CWJC No.13472 of 2008 SHARDA KANT THAKUR Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.13499 of 2008 SHUBH NARAYAN LAL Versus THE STATE OF BIHAR & ORS CWJC No.13529 of 2008 BASUKINATH MISHRA Versus THE STATE OF BIHAR & ORS - 9 - CWJC No.13848 of 2008 DHANESHWAR RAM Versus THE STATE OF BIHAR & ORS CWJC No.14071 of 2008 GEETA KUMARI SINGH Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.14216 of 2008 MUKHTAR MAHTO Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.14455 of 2008 RAGHWENDRA PRASAD SINGH Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.14463 of 2008 RADHEGOVIND JHA Versus THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS CWJC No.15291 of 2008 RAJ KUMARI DEVI Versus THE STATE OF BIHAR & ORS ----------- 8/

16.04.2009 Heard learned counsel for the petitioner and learned counsel for the Bihar Industrial Area Development Authority. The petitioners are aggrieved by individual orders of different dates compulsorily retiring them from service with effect from their relevant dates. After the institution of the writ application and in some cases prior to the same, the petitioners are stated to have availed the statutory remedy of appeal available to them. Since the petitioners themselves have chosen to avail the alternative statutory remedy and - 10 - the appeal is pending, there is no occasion for this court to proceed for adjudication with the petition on its merit. Learned Additional Advocate General III appearing on behalf of the respondents has no objection if the writ application is disposed of with appropriate directions for expeditious disposal of the appeals in accordance with law. The writ applications are disposed of with following terms: (a) That on the date that the petitioners appear with a copy of the present order before the appellate authority, the appellate authority shall fix a date for hearing in their presence. (b) That on the date fixed for hearing if either party is not present the appellate authority shall adjourn the matter for a reasonable period not exceeding 10-14 days. (c) That if on the adjourned date also either of the parties does not appear and there is no justified acceptable explanation to the satisfaction of the competent authority, the hearing shall continue. (d) That the appellate authority requires any document to be filed before him by either of the parties, the parties shall be compelled to file such document within the time fixed. (e) Liberty is granted the petitioners to file additional materials/ grounds/ memos on the first - 11 - date of hearing when the petitioners appear before the appellate authority after the fixation of date for hearing. In this manner, the appellate authority is directed to finally dispose of the appeal by a reasoned and speaking order within a maximum period of three months from the date of first hearing to be fixed by him after presentation of a copy of this order before him. In view of the mandate of time fixed by this court, the appellate authority is also granted the discretion to proceed exparte against either of the parties but only after recording his satisfaction by a reasoned and speaking order of the non-cooperation by any party requiring him to proceed ex parte. This is considered necessary to ensure that the appellate authority disposes of the appeal within the time fixed by this court. The appellate authority is reminded that the appellate order is also required to be reasoned and discussed specially when it is amenable to judicial review. This order has been passed on the objection by the authority with regard to the appeals stated to have been filed by the petitioners. The authority or its representative is precluded from raising any issue of limitation with regard to the institution of the appeal during hearing by the appellate authority. If during the pendency of a writ petition, an appeal has been dismissed for non-prosecution, since the petitioner was sanguine that he had moved this court, the authority is required to revive the appeal by - 12 - virtue of the present order for disposal in accordance with law in like manner as indicated above. The writ applications stand disposed off with the aforesaid observation. & JA/- (Navin Sinha, J.)