IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3454 of 2010 SURYADEO SHARMA @ SURAJDEO SHARMA S/O LATE JANAKI PRASAD, RESIDENT OF VILLAGE- FATEPUR, P.S. SARAI IN THE DISTRICT OF VAISHALI. Versus 1. THE BIHAR STATE ELECTRICITY BOARD, PATNA THROUGH THE CHAIRMAN, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 2. THE SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 3. THE JOINT SECRETARY (GENERAL ADMINISTRATION), BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 4. THE DEPUTY GENERAL MANAGER, BIHAR STATE ELECTRICITY BOARD, BHAGALPUR AREA BOARD, BHAGALPUR, ( A UNIT UNDER BIHAR STATE ELECTRICITY BOARD ). ----------- 03. 22.09.2010 Counsel for the Bihar State Electricity Board has prayed for recall of the order dated 19.02.2010 passed in C.W.J.C. No. 1719 of 2010, whereunder this court directed the writ petitioner to file his show-cause reply as was called from him under Resolution dated 27.06.2000 , and reminder dated 26.8.2000, Annexures 1 and 2 of the writ petition. By filing the present recall, application Counsel for the Board states that in the light of the show-cause notice and reminder, writ petitioner submitted his reply which was considered by the Board and final order withholding his full pension was passed which is contained in resolution of the Board bearing Memo No.117 dated 10.2.2001, Annexure-8 to this application. It appears neither the petitioner nor the Board was aware about the resolution dated 10.2.2001 when this court passed order dated 9.2.2010 directing the petitioner to file his show-cause reply to the resolution of the Board - 2 - dated 27.6.2000 and its reminder dated 26.8.2000, Annexures 1 and 2 of the writ petition. As the order dated 19.2.2010 was passed ignoramus of the subsequent resolution of the Board dated 10.2.2001, Annexure-8, the order dated 19.2.2010 is recalled with liberty to the petitioner to challenge the resolution dated 10.2.2001, Annexure-8 to this Application. Modification application is, accordingly, disposed of. M.I. HAQUE. (V.N. Sinha, J.)