IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7561 of 2009 URMILA SHARMA @ URMILA SINGH, WIFE OF LATE UMESH CHANDRA SHARMA, R/M BALUAHI, P.O. KHAGARIA, P.S. KHAGARIA, DISTRICT KHAGARIA, THE RETIRED DISTRICT INSPECTORESS OF SCHOOL, SAHARSA, DISTRICT-------PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, SECONDARY EDUCATION, GOVT. OF BIHAR, PATNA. 4. THE DIRECTOR(ADMINISTRATION)-CUM-JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 5. THE INSPECTRESS OF SCHOOLS, BIHAR, PATNA---RESPONDENTS. ----------- 02. 07.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner superannuated while serving as District Inspectoress of School, Saharsa on 31.12.1997. She has been visited with a charge memo dated 21.10.2008, Annexure-2 whereunder for the irregularities alleged to have been committed during her posting in the year, 1991, she is being sought to be proceeded under Rule 43B of the Bihar Pension Rules(hereinafter referred to as “the Rules”). 3. It is submitted on behalf of the petitioner that such proceeding is in teeth of proviso to Rule 43B of the Rules, which inter alia provides outer limit of four years from the date of superannuation for initiating any proceeding against a Government servant. 4. Let the petitioner, who is not only retired Government servant but also a senior citizen of the State represent before the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna, respondent no.2 who should consider the representation as also the fact that the matter, which is sought to be the subject matter of enquiry is of the year 1991 and does not come within - 2 - the purview of the proviso to Rule 43B of the Rules. Representation in the light of this order be considered and disposed of by the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna, respondent no.2 by passing a speaking order in accordance with law as early as possible, in any case within one month from the date of its receipt. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)