IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4936 of 2008 Jagdish Prasad Mallick Son of Late Jagarnath Prasad Mallick resident of Mohalla- LF-3/354, Bahadurpur Housing Colony, P.S. Agamkuan, Dist. Patna/ Pin Code No. 800026 … Petitioner Versus 1. The Principal Secretary, Department of Home, Government of Bihar 2. The Deputy Secretary, Department of Home, Government of Bihar 3. Director General of Police, Government of Bihar 4. Shri Abhay Kumar Upadhaya, Inspector General of Police, Special Vigilance Unit, 5, Daroga Rai Path, Patna, Bihar .. .. Respondents ----------- 03/ 23.06.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner superannuated with effect from 31.1.2000 while serving as Deputy Superintendent of Police, C.I.D. Crime Branch, Patna. He has filed this writ petition praying, inter alia, to direct the authorities to release his 100% pension, as presently he is getting only 90% of his pension on account of pendency of the departmental proceeding, which was initiated against him, vide order of the Home Police Department, bearing Memo No. 3657 dated 9.4.1991, Annexuyre-1. Earlier petitioner filed C.W.J.C. No. 9851 of 1999 praying, inter alia, to direct the State respondents to proceed and conclude the aforesaid departmental proceeding. Aforesaid writ petition 2 was, however, transferred to the High Court of Jharkhand at Ranchi without any notice to the petitioner and under orders dated 11.9.2003 dismissed for non-prosecution, so submitted learned counsel for the petitioner. Even after superannuation of the petitioner on 31.1.2000, no progress was made in the departmental proceeding, petitioner under letter dated 14.9.2007 represented before the authorities annexing medical prescription(s) contending that in view of his failing health, departmental proceeding be concluded and balance 10% of his pension and other emolument be released. When the aforesaid request of the petitioner made under letter dated 14.9.2007 was not considered, he filed the present writ case on 18.3.2008, which was taken up for admission on 25.4.2011 when the State counsel was granted four weeks’ time to seek instruction in the matter and to file counter affidavit. No counter affidavit having been filed, this Court has no option but to proceed on the basis of the averments made in the writ petition. 3. In the writ petition, it has been stated that a proceeding was initiated against the petitioner on 9 April, 1991 vide notification, Annexure-1 and he superannuated 3 with effect from 31.1.2000. The proceeding having continued for more than 20 years without coming to its logical conclusion, should not be allowed to continue any further, as depriving the petitioner of his 10% pension for such a long duration without concluding the proceeding is not only arbitrary, violative of Article 14 of the Constitution of India, but also has the effect of depriving him of his right to have peaceful retirement infracting right to life under Article 21 of the Constitution. 4. Accordingly, the proceeding initiated against the petitioner vide order of the State Government in the Home Police Department, bearing Memo No. 3657 dated 9.4.1991, Annexuyre-1 is quashed. 5. The authorities are directed to release his entire pensionery emoluments as early as possible, in any case within two months from the date of receipt/ production of a copy of this order before the Deputy Secretary of the Home Police Department. Arjun/ ( V. N. Sinha, J.)