IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7787 of 2009 Binod Kumar . Versus The State Of Bihar & Ors . ----------- 2. 04.08.2011 The petitioner questions an order of punishment dated 23.9.2002 by which in a departmental proceeding initiated prior to superannuation he has been visited with punishment under Rule 43(b) of the Bihar Pension Rules with stoppage of 75% pension and that nothing beyond subsistence allowance was payable for the period of suspension which shall otherwise be counted for purpose of service. Stoppage of any promotion if it was due. Counsel for the State submits that from the pleadings it appears that the appeal filed by the petitioner against the same is still pending consideration. Counsel for the petitioner submits that the writ petition was instituted when the appeal was not being disposed. The furnishing of an enquiry report to the delinquent is an important part of a departmental proceeding. It is for the appellate authority to decide whether as a matter of fact it was supplied to the petitioner or not and order accordingly. 2 Considering the nature of punishment imposed, the Court considers it proper to direct that the appeal of the petitioner preferred on 10.10.2002 at Annexure-3 to the writ application be disposed off after granting him a hearing also within a maximum period of two months from the date of receipt and/or presentation of a copy of this order before the appellate authority. P. Kumar ( Navin Sinha, J.)