IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.625 of 2010 1. KALAWATI DEVI W/O LATE SANT KUMAR R/O SIKANDARA, P.O AND P.S- SIKANDARA, DISTT- JAMUI Versus 1. THE BIHAR STATE ELECTRICITY BOARD, THROUGH ITS CHAIRMAN, VIDYUT BHAWAN, BAILEY ROAD, PATNA 2. THE JONT SECRETARY, THE BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA 3. THE EXECUTIVE ENGINEER, ELECTRIC SUPPLY DIVISION, DEHRI-ON-SONE, P.O & P.S- DEHRI ON SONE, DISTT- ROHTAS ----------- 3. 23.02.2010. Heard learned counsel for the petitioner and the counsel for the Bihar State Electricity Board (hereinafter referred to as the “Board”). 2. Petitioner is the wife of Sant Kumar who served as a Junior Engineer in the Electric Supply Division, Dehri-on-Sone, Rohtas. She is aggrieved by the resolution of the Board dated 15.11.2007, Annexure-5, whereunder her husband has been dismissed from service of the Board with retrospective effect i.e. 1.5.2001, the date from which her husband remained under unauthorized absence. 3. Counsel for the petitioner assails the resolution of the Board on two grounds that husband of the petitioner having become traceless from March, 2004 and information to that effect having been lodged with Pirbahore Police Station vide Sation Diary entry dated 17.6.2004, Annexure-1 and thereafter subsequent information having been given to the Officer-in-Charge, Sidandara under Station Diary Entry No. 148 dated 1.2.2005, Annexure-2 could not have been dismissed from service with retrospective effect as no sooner husband of the petitioner became absent from the place of duty the authorities of the Board could have proceeded ex parte and should have taken decision to dismiss her husband with effect from the date of the order. 4. Counsel for the Board has opposed the aforesaid submission. He submits that husband of the petitioner absented himself from the place of duty - 2 - and thereafter the authorities took several steps as also published notice in the newspaper on 13.6.2004 for his appearance at the place of posting but he never appeared and only after such notice was issued by the authorities the plea of his disappearance has been raised by the wife and the son by filing Station Diary entry before the Officer-in-Charge, Pirbhahore Police Station, Patna and Sikandara Police Station in the district of Jamui, the native place of the petitioner. 5. Without going into the correctness or otherwise of the submission of the parties that husband of the petitioner was deliberately avoiding his appearance before the authorities of the Board, I modify the resolution of the Board dismissing the husband of the petitioner dated 15.11.2007, Annexure-5 to come into effect from the date of the resolution and the dismissal shall come into effect from 15.11.2007, the date of the resolution. 6. With the aforesaid modification in the resolution of the Board, the writ application is disposed of. P.K.P. (V.N.Sinha,J.)