IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15203 of 2009 1. BADARI PRASAD S/O LATE MOTI LAL SETH VILL- GADURA, P.S. GORARI, KARAKAT DISTT. ROHTAS AT SASARAM, AT PRESENT RETIRED FROM GANG READER, IRRIGATION DIVISION, NARPATGANJ, DISTT. ARARIA Versus 1. THE STATE OF BIHAR THROUGH SECRETARY IRRIGATION DEPTT., GOVT. OF BIHAR, PATNA 2. THE CHIEF ENGINEER WATER RESOURCES DEPTT., PURNEA 3. THE SUPERINTENDING ENGINEER NAHAR (CANAL) ANCHAL, PURNEA, CIRCLE PURNEA 4. THE EXECUTIVE ENGINEER IRRIGATION DIVISION, NARPATGANJ, DISTT. ARARIA 5. THE ASSTT. ENGINEER NARPATGANJ, IRRIGATION SUBDIVISION, PURNEA 6. THE JUNIOR ENGINEER NARPATGANJ, IRRIGATION SUBDIVISION, PURNEA ----------- 2/ 26/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is stated to have retired on 31.1.2005. It is the case of the petitioner that while in service no departmental proceedings were initiated. After his superannuation a decision has been taken on 18.5.2007 to initiate departmental proceedings against him. The allegations relate to alleged acts of the petitioner pertaining to December, 1991, as apparent from the charge-sheet at Annexure-14A. The submission is that Rule-43B of the Pension Rules bars departmental proceedings more than four years prior to the date of the charge. Reliance is placed AIR 1995 S.C. 1853 (State of Bihar versus Md. Idrish Ansar). The order dated 18.5.2007 initiating proceedings is, therefore, set aside. The matter is remanded to respondent No.2 to pass a fresh and 2 reasoned and speaking order for initiation of proceedings against the petitioner in light of the law as discussed in the aforesaid judgement. The application stands allowed. KC ( Navin Sinha, J.)