- (1.) Heard learned counsel for the parties.
(2.) In these two writ petitions preferred by the two officers of the Bihar State Financial Corporation, Patna, they have challenged the order of punishment dated 22.08.2001 whereby these two appellants have been dismissed from service by the order of Managing Director, respondent no.3. The delinquent officers preferred appeals before the Board of Directors which were partly allowed on 09.10.2000, holding the delinquent officers guilty but the punishment of compulsory retirement was imposed in place of dismissal from service. The Board of Directors also enhanced the monetary punishment of recovery of amount. The delinquent officers preferred two writ petitions before this Court being W.P.(S) Nos. 3367 of 2002 and 4267 of 2002, in which the learned Single Judge by a common order dated 13.11.2003 held that notwithstanding the fact that the charges against the petitioners have been proved, the punishment of compulsory retirement with recovery of amount is disproportionate to the misconduct and, therefore, set aside the order imposing the punishment and remitted the matter back to the appellate authority for consideration on the question of quantum of punishment. Being aggrieved against the order of learned Single Judge, dated 13.11.2003, the writ petitioners preferred these two Letter Patent Appeals. These Letter Patent Appeals were allowed by a Division Bench of this Court vide order dated 20.01.2009 only on the ground that the respondent no.3, Subhas Sharma, was not whole time Managing Director of Bihar State Financial Corporation, Patna was given only the additional charge simultaneously with the charge of the Administrator, Bihar School Examination Board, Patna. Even from a letter which was relied upon by the respondent dated 21.08.2001, it was not appearing that the said Subhas Sharma was appointed as whole time Managing Director. According to said judgment of Division Bench of this Court, dated 20.01.2009, the disciplinary action could have been taken by only whole time Manging Director and since appointment of Subhas Sharma was not on the said post as a regular whole time Managing Director, he was not competent to pass the order of punishment. The Division Bench in the aforesaid judgment has relied upon a judgment of Patna High Court passed in C.W.J.C. No. 1718 of 2006 in the case of Jai Prakash Sinha Vrs. The B.S.F.C. and others for taking the above view.
(3.) The Bihar State Financial Corporation, Patna challenged the judgment passed by the Division Bench of this Court allowing the L.P.As., dated 20.01.2009 before Supreme Court in Civil Appeal Nos.4295-4296 of 2011, wherein the Hon'ble Supreme Court held as under : "It is well settled that in a challenge against an order passed in a disciplinary proceeding, it is not open to the court to examine or question the validity of appointment of the competent authority who passed the orders of punishment in the disciplinary proceeding." In view of the above legal position, the judgment of Division Bench of this Court dated 20.01.2009 was set aside and, therefore, these L.P.As. have comeup for fresh consideration.;