IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12504 of 2002 Ram Chandra Prasad, Son of late Parmeshwar Prasad, permanent resident of Mohalla- and P.S. Khajanchi Hat, Purnea, at present resident of 35, Gandhi Nagar, Boring Road, P.S. Sri Krishnapuri, Patna. ……………Petitioner Versus 1. State of Bihar. 2. Secretary cum Commissioner, Department of Home (Police), Govt. of Bihar, Patna. 3. Director General of Police, Bihar, Patna. 4. Inspector General of Police, Patna. 5. Superintendent of Police, Siwan. 6. District Provident Fund Officer, Siwan. ………….Respondents ----------- 10/ 11.11.2008 The petitioner superannuated on 30.04.2001 from the post of Deputy Superintendent of Police. Long after superannuation, a departmental proceeding was sought to be initiated by framing memo of charges on 29.10.2002, though, sent to the petitioner much later by memo dated 5.12.2002. In the meantime, so far as the retiral dues are concerned, all retiral dues had been paid except 10% of pension, gratuity, provident fund and dearness allowance and interest thereon. It is being aggrieved by this writ application all retiral dues with this writ application was filed. It is indeed a - 2 - sorry state of affairs where even though disciplinary proceedings are initiated long after superannuation and even though over six years have elapsed. Even the Enquiry Officer is not appointed and the pensionary benefits are withheld. It may be noted that realizing this inordinate delay in initiating the proceedings which is averred by the respondents themselves that the Director General of Police, Bihar vide his letter dated 25.10.2006 recommended dropping of proceedings, but again for some reasons it was not acted upon. Today, a supplementary affidavit has been filed by the State wherein it is brought on record that it is only on 22.10.2008 i.e., six years after the proceeding were sought to be initiated and the state has thought it necessary to appoint the Enquiry Officer and on 7.11.2008 directions have been issued to conclude the enquiry within two months. In my view, as State has woken up from deep slumber, this Court would permit to proceed but with a caveat if disciplinary proceedings are not concluded by the end of this year then, in the next year i.e., in the month of - 3 - January, 2009, all outstanding retiral dues along with interest shall be paid to the petitioner and no part thereof would be retained as the State cannot have the luxury of the litigation at the expense of superannuated employees. This disposes of the writ petition. Sanjeet (Navaniti Prasad Singh,J.)