IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17389 of 2009 RAJ BALLABH SINGH , s/ Late Sobran Singh, r/o H.N. 7 Muhalla Gandhinagar, P.S. : S.K. Puri, Town and District Patna. Versus 1. THE SECRETARY,PERSONNEL and Administrative Reforems Department, Govt. of Bihar, Main secretariat, Patna. 2. The Deputy Secretary, personnel and Administrative Reforms Department, Government of Bihar, Main Secretariat, Patna. 3. The Under Secretary, Personnel and Administrative Reforms Department, government of Bihar, Main Secretariat, Patna. 4. The Accountant General, Bihar, Beer Chand Patel Path, Patna. ----------- For the Petitioner :-Mr. Shivendra Kishore, Adv. For the State :-Mr. Rakesh Kumar Samrendra, S.C.21. Md. Obaidulah A.C to S.C 21 For the Advocate General. :- Mr. Binod Kumar Labh S.C. I.A 2 A.D 12 11.1.2011 After marathon arguments, learned counsel for the parties agree that the writ application may be disposed of with a direction to the respondents to conclude both the proceedings against the petitioner within fixed time frame. In the circumstances, this writ application is disposed of with a direction to the respondents to conclude the proceedings against the petitioner under Rules 43(b) & 139 of the Pension Rules, appearing from Annexures 1 and 2 to be pending against him, positively within a 2 period of three months from the date of receipt/production of a copy of this order. The respondents shall allow two weeks time to the petitioner from the date of receipt/production of a copy of this order to file any representation or reply to any show cause notice issued to the petitioner, failing which the respondents shall be at liberty to proceed against the petitioner ex parte. If the petitioner chooses to file his reply the same shall be considered by the respondents and thereafter final orders shall be passed within three months. It is also made clear that in case proceeding does not finally conclude and the final orders are not passed within three months from the date of receipt/production of a copy of this order, both the proceedings against him shall stand quashed and the respondents shall be restrained from proceeding further in the matter. Learned counsel for the respondents accepts that since proceedings against the petitioner are under the Pension Rules, no order for withholding of his remaining amount 3 of salary of suspension period can now be passed. In the circumstances, respondents are directed to pay the remaining amount of salary of the petitioner of suspension period positively within one month from the date of receipt/production of a copy of this order. Prakash (J.N.Singh, J.)