IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1175 of 2008 STATE BANK OF INDIA Versus BAIKUNTHA NATH THAKUR ----------- For the petitioner : Mr. Sanjeet Kumar Mr. Raj Kamal For the respondents: None --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 17th July, 2008 This application is wholly misconceived, frivolous and abuse of the process of court. Merely because the applicant happens to be the Bank and has luxury of affording the litigation, it does not behove of a public undertaking to waste money by making such application. 2. We fail to fathom any reason for making an application for modification of the order dated 13.7.2000 after eight years. Merely because the trial in the criminal case could not be completed within the time granted by this court, it would not justify modification of the order. 3. As a matter of fact, prior to this application, a criminal writ petition was filed wherein on 24th September, 2 2007 an order has been passed by this court directing the concerned court to conclude the trial within a period of six months from that date. If the trial could not be concluded for the reason that the Presiding Officer was transferred and the court was vacant, that could not justify the modification of an order that was passed as far back as on 13th July, 2000. 4. MJC is, accordingly, dismissed. 5. Needless to say, that Special Case no.12 of 1992 has to be disposed of without any delay. We, accordingly, direct that the said case would be disposed of now positively within three months from today. It is also clarified that even if the respondent superannuates during the pendency of the departmental proceedings, which have already been initiated against him, the same would not abate but has to be taken to logical conclusion in accordance with law. R.M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/