IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13297 of 2003 BIRENDRA KUMAR, son f Late Surajmukh at present residing at Purani Bazar, Maharajganj, P.O.- Maharajganj, District Siwan Versus 1. Bihar State Electricity Board, Patna through its Chairman, Bailey Road, Patna, P.O. G.P.O., Distt. Patna 2. Chairman, Bihar State Electricity Board Bailey Road, Patna, P.O. G.P.O., Distt. Patna 3. Secretary, Bihar State Electricity Board Bailey Road, Patna, P.O. G.P.O., Distt. Patna 4. Joint Secretary, Bihar State Electricity Board Bailey Road, Patna, P.O. G.P.O., Distt. Patna 5. Chief Manager- cum- Chief Engineer,B.T.P.C. Begusarai, P.O. Begusasrai, District Begusarai 6. personal Manager –cum- Chief Engineer, Transmission Construction, Patna, P.O. G.P.O., Distt. Patna 7. Electrical Executive Engineer, Transmission Construction Division, Muzaffarpur, P.O. + Distt. Muzaffarpur ----------- For the petitioner : Mr. Bipin Bihari Singh, Advocate For the Board :Mr. Vinay Kirti Singh, Vijay Kumar Verma & Akhileshwar Singh, Advocates 11/ 09.11.2009 Heard learned counsel for the petitioner and the counsel for the Bihar State Electricity Board, Patna (hereinafter referred to as the Board). 2. Petitioner is aggrieved by the office order no. 19 dated 3.1.1994, bearing Memo No. 2 dated 3.1.1994, as contained in Annexure-5 to this application, whereunder his services as Junior Engineer has been terminated by the Board with effect from the date of his absence. 3. Petitioner has challenged the order dated 3.1.1994, Annexure-5 by filing the present writ application on 2.12.2003 i.e. after about nine years of the order. This Court having noticed the fact that the impugned order is dated 3.1.1994 and the writ application was filed on 2.12.2003 i.e. after nine years of the issue of the impugned order dated 3.1.1994, Annexure-5, under 2 orders dated 3.2.2004 directed the petitioner to furnish the following information by filing further supplementary affidavit warning the petitioner that if he makes any false assertion on oath then he may be exposing himself to the contempt jurisdiction: “Let the petitioner file a detailed affidavit on the following points: 1. After issuance of annexures-1 and 2 directing transfer of the petitioner from Barauni to Bhagalpur, who asked him to join at Hajipur and whether the instruction was in writing or oral ? 2. On what particular date the petitioner joined at Hajipur and to whom he gave his joining report ? 3. Since after his joining at Hajipur whether he was awarded any work or not, if yes, what work was allotted to him ? 4. Whether during the entire alleged stay of the petitioner at Hajipur was he paid any salary or not? 5. If the petitioner was not paid any salary, did he make any representation to the higher authority that his salary was not being paid to him? 6. Where was the petitioner since after 1994 when the order of his removal from the service was passed and whether he was allowed to continue after 3.1.1994 ? The petitioner is forewarned that if he makes any false assertion on oath then he may be exposing himself to the contempt jurisdiction of this Court and he may also be directed to be prosecuted.” 4. It appears, petitioner took the warning of the Court very seriously and has not filed any affidavit in compliance of the orders of this Court dated 3.2.2004. In the circumstances, it is difficult for this Court to appreciate that he has been served with the impugned order dated 3.1.1994, Annexure-5 some time in the year 2003. Petitioner having challenged the order after nine years of its issue, this Court is not inclined to proceed any 3 further with the matter and the writ application is dismissed on the ground of laches. Arjun/ ( V.N. Sinha, J.)