IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2847 of 2009 Narayan Prasad Sah, son of Late Chattu Ram Sah, resident of Gulzarbagh, Ward no. 10, Madhepura, PS Madhepura, District Madhepura, the then Senior Commercial Clerk, Railway Station, Murliganj, District Saharsa ....Petitioner Versus 1. THE UNION OF INDIA through Sri P. K. Rai, General Manager (Vigilance),North Eastern Railway, Gorakhpur 2. Sri Kundan Choudhary, Father’s name not known to the petitioner, Divisional Railway Manager, East Central Railway, Samastipur 3. Sri Kundan Choudhary, Father’s name not known to the petitioner, Divisional Railway Manager, East Central Railway, Samastipur 4. Sri Jafar Alam, Father’s name not known to the petitioner, Divisional Commercial Manager, East Central Railway, Samastipur 5. Sri Manoj Kumar, Father’s name not known to the petitioner, Senior Divisional Manager (Personnel), East Central Railway, Samastipur ......Opposite Parties ----------- 2 03-09-2010 Heard the parties. A Division Bench of this court found that enquiry against the petitioner was not in accordance with the principles of natural justice and, therefore, the order of punishment as well as enquiry report were quashed and the matter was remitted back with a direction that enquiry against the petitioner shall continue de novo after appointment of another enquiry officer not connected with the charge and a Presenting Officer to be appointed in accordance with law. The fact that petitioner was superannuated 2 even while the writ petition was pending before its disposal on 12-2-2008 could not be noticed by this court. The petitioner is said to have superannuated on 31-5-2007. His main grievance was that the authorities have sat over the matter and the enquiry has been kept pending without any progress. From annexure-6 A, which contains informations given by railways to the petitioner, it appears that till the departmental proceeding shall continue the petitioner is not be given post retiral benefits. Considering the grievance of the petitioner against delay and chances of adverse effect upon his post retiral benefits, the authorities are directed to complete the enquiry in accordance with law expeditiously, preferably, within three months from the date of receipt/production of a copy of this order. In case the petitioner is not being paid any pension, in that event, the authorities must ensure that he is paid at least provisional pension till the enquiry is concluded. The petitioner has assured to cooperate in the proceeding for its early conclusion. 3 This contempt application is disposed of. BKS/- (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)