IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.529 of 2009 SAMI AHMAD, son of late Nazrul Hasan, resident of Mohalla- Maghalpur Soi Ki Masjid, Patnacity, P.S. Khajekalan, District and twon at Patna. .... Appellant. Versus 1. Bihar State Electricity Board, through the Secretary, Vidyut Bhawan, Patna, Bihar. 2. The Chairman, Bihar State Electricity Board, Vidyut Bhawan, Patna, Bihar. 3. Joint Secretary, Department of General Administration, Bihar State Electricity Board, Vidyut Bhawan, Patna, Bihar. .... Respondents. ----------- 04- 2.7.2009 None appears on behalf of the appellant. Mr. Anand Kumar Ojha appears for the respondents. The appellant is aggrieved by the judgment dated 24.2.2009, passed by a learned Single Judge of this Court, in C.W.J.C. No.2627 of 2001 (Sami Ahmad Vs. Bihar State Electricity Board and others), whereby the order of compulsory retirement passed against the writ petitioner has been upheld, and the writ petition has been dismissed. 2. It appears that the appellant was in the services of the respondent Board as Typist –cum- Clerk. He obtained an advance of Rs.74,000/- from the Board for treatment of his wife at Vellore. He did not go anywhere for treatment of his wife, and the advance sum remained completely unutilised. He did not 2 refund the amount in spite of persistent directions of the Board, leading to a departmental proceeding. The learned enquiry officer has found that it was a case of fraud and gross financial irregularity. The learned disciplinary authority accepted the enquiry report and, taking a lenient view of the matter, inflicted the punishment of compulsory retirement on him, leading to the writ petition. The same has been upheld by the learned Single Judge. In view of the foregoing discussion, and the reasons assigned in the impugned order, we entirely agree with the same. 3. There is no merit in this appeal and is accordingly dismissed. (S K Katriar, J.) (Jyoti Saran, J.) S.K.Pathak/