IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15872 of 2010 MD.ABUL HASAN . Versus THE STATE OF BIHAR & ORS . ----------- 02. 30.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. On 26.7.2010 the petitioner applied for voluntary retirement under Rule 74 (b) of the Bihar Service Code to be effective from 4.9.2010. In normal circumstances, the expiry of three months, in absence of a communication for refusal would amount to deemed acceptance of his request. The difficulty of the petitioner arises because of the pendency of a departmental proceeding against him, thus requiring a specific communication of acceptance. Learned counsel for the petitioner submits that the enquiry report has been submitted and there is little possibility of a major punishment being imposed upon the petitioner. Learned counsel for the State submits that those are speculative matters at this stage. In view of the pendency of the departmental proceeding, there cannot be any deemed severance of master servant relations on expiry of three months. 2 If the enquiry report has been submitted, let the departmental proceedings be concluded expeditiously preferably within a maximum period of one month, if not earlier. Needless to state that the status of the request of the petitioner under Rule 74 (b), and the relevant date in context of his request etc. are matters which shall finally depend upon the ultimate order to be passed in the departmental proceedings. The application stands disposed. P.K. (Navin Sinha, J.)