IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16474 of 2009 1. DILIP KUMAR S/O LATE DHIREN KUMAR R/O VILL AND P.O- KORHA, P.S-KORHA, DISTT- KATIHAR AT PRESENT POSTED AS ASSISTANT ENGINEER, ROAD DIVISION ROAD CONSTRUCTION DEPARTMENT, PURNEA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,ROAD CONSTRUCTION DEPARTMENT HAVING HIS OFFICE AT VISHWESHSARIAYA BHAWAN, P.S- SHASTRI NAGAR, DISTT- PATNA 2. THE ENGINEER-IN-CHIEF, ROAD CONSTRUCTION DEPARTMENT HIS OFFICE AT VISHWESHARIAYA BHAWAN, P.S- SHASTRI NAGAR, DISTT- PATNA 3. THE DEPUTY SECRETARY, VIGILANCE ROAD CONSTRUCTION DEPARTMENT HAVING HIS OFFICE IN VISHWESHSARIYA BHAWAN, P.S- SHASTRI NAGAR, DISTT- PATNA 4. THE BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS CHAIRMAN HAVING HIS OFFICE, 15 BAILEY ROAD, P.S- SHASTRI NAGAR, DISTT- PATNA ----------- 2. 12.1.2010 Heard learned counsel for the petitioner, for the State and learned counsel for the Bihar Public Service Commission. The petitioner was proceeded with departmentally and an enquiry report of guilt submitted. He filed his reply to the second show cause notice inter alia urging illegality in procedure and exoneration of other similarly situated. There is no occasion for this Court to consider these matters on merits in view of the fact that he has filed this writ application barely within three months after institution of an appeal by him against the order of punishment dated 14.8.2009. It is submitted that the petitioner is due for superannuation in July, 2010. His promotion etc. shall 2 depend on the final orders to be passed in the departmental proceedings. Counsel for the State has no objection to the disposal of this application with directions to dispose of the appeal of the petitioner, by a reasoned and speaking order considering his impending retirement, within a maximum period of two months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)