IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1153 of 2010 IN C.W.J.C. 14651 of 2009 WITH I.A. NO. 6478 OF 2010 WITH I.A. NO. 6479 OF 2010 IN LETTERS PATENT APPEAL No.1153 of 2010 ============================================ 1. THE STATE OF BIHAR, THROUGH THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF LABOUR RESOURCES, GOVT. OF BIHAR, PATNA 2. THE ADDITIONAL SECRETARY-CUM-CONDUCTING OFFICER, LABOUR RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE JOINT SECRETARY, LABOUR RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE DEPUTY SECRETARY, LABOUR RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 5.THE DEPUTY LABOUR COMMISSIONER, MUZAFFARPUR 6. THE TREASURY OFFICER, MUZAFFARPUR 7. THE DISTRICT PROVIDENT FUND OFFICER, MUZAFFARPUR 8. THE ACCOUNTANT GENERAL, BIHAR, PATNA Versus KUSHESHWAR PRASAD SINGH S/O LATE GORE LAL SINGH R/O TULSI BHAWAN, RADHA DEVI LANE, NEAR SHIV FLOUR MILL, MOHALLA- MUNDICHAK, P.S.- KOTWALI, DISTT.- BHAGALPUR ============================================ Appearance: For the Appellant: Mr. P.K.Singh, AC to GA1 Mr. Ajay Kumar No. 2, Advocate For the respondent: Mr. Purushattam Kumar Jha ============================================ CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03. 26.08.2010 This appeal under Clause 10 of the Letters Patent 2 has been preferred by the State of Bihar and Others against the judgment and order dated 18th November 2009 passed by the learned Single Judge in above C.W.J.C. No. 14651 of 2009. The appeal is filed 198 days beyond the period of limitation. The respondent-writ petitioner, a retired Government servant filed the above C.W.J.C. No. 14651 of 2009 to challenge the action of the State. The Government initiated disciplinary proceeding against the petitioner after the date of his retirement. The writ-petitioner retired from service on 31st August 2007. On 24th October 2008 charge sheet came to be issued upon the writ petitioner which was then converted into a proceeding under Rule 43(b) of the Bihar Pension Rules. Evidently, the imputation of charge made against the writ petitioner was for the incidences of misconduct allegedly committed more than four years prior to the date of the charge sheet. Learned advocate Mr. Purushattam Kumar Jha appears for the State of Bihar. He has vehemently argued that the incidence of misconduct committed within four years preceding the date of the charge sheet, must be allowed to be enquired. The charge is very grave. He has also relied upon the judgment of the Hon’ble Division Bench (Barin Ghosh & Madhavendra Saran, JJ. as they then were), in the matter of Bihar State Electricity Board & Ors. Vs. Sharda Prasad Sinha & 3 Ors. on Letters Patent Appeal No. 446 of 1998 and Letters Patent Appeal No. 759 of 2005 decided on 21st May 2007. We are of the opinion that the learned Single Judge has rightly set aside the disciplinary action initiated against the writ-petitioner. No case for interference is made out. The limitation petition is rejected. The appeal and the stay application stand disposed of. S.Sb/- (R.M. Doshit, CJ.) (Jyoti Saran, J.)