IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3977 of 2001 MADAN MOHAN MISHRA Versus THE STATE OF BIHAR & ORS ----------- 6 20-8-2008 Heard learned counsel for the petitioner and learned counsel for Bihar State Electricity Board. For unauthorized absence for a period exceeding one year the petitioner was subjected to suspension and departmental proceeding. The Enquiry Officer found the charge to be proved and on that basis petitioner was given a second show cause notice and also a reminder as mentioned in the impugned order of dismissal contained in annexure-2 dated 23-8-1995. When petitioner did not submit any reply to the second show cause notice even after reminder then he was dismissed from service. It has further been ordered that he would not be paid for unauthorized absence and for the period of suspension he would not be entitled to anything beyond subsistence allowance. On behalf of petitioner it has been submitted that since 1-3- 1994 to 31-7-2000 he was under treatment for psychosis under Dr.S.Prasad, a doctor at Mental Hospital, Kanke, Ranchi. In support of that facts petitioner has annexed a certificate dated 1-8-2000 and some prescriptions starting from 1-3-1994 till 10-10- 1999. After some argument learned counsel for the petitioner submitted that this writ petition was filed in the year 2001 without moving the appellate authority of the Board and in view of petitioner’s mental illness he is hopeful that some sympathetic view may be taken by the appellate authority and hence petitioner may be permitted to withdraw the - 2 - writ petition for moving before the appellate authority. Learned counsel for the Board has no objection. The writ petition is, therefore, permitted to be withdrawn with liberty to the petitioner to move the appellate authority. If petitioner prefers appeal within a period of two months from today then the same should be considered on merits without being influenced by delay on account of pendency of this writ petition in this court since 26-3-2001. It is expected that the appeal of the petitioner shall be disposed of expeditiously, preferably within three months from the date of its filing. Naresh (Shiva Kirti Singh,J)