IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.530 of 2008 THE BIHAR STATE ELECTRICITY BOARD & ORS Versus BHUBAN MISHRA & ANR ----------- For the appellants : Mr. Ratan Prasad Sinha Mr. Sunil Kr. Sinha --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 17th July, 2008 The appeal suffers from delay of 23 days and for condonation thereof an application (IA. No.4144 of 2008) has been made. Even if we condone the delay, we are of the considered view that the appeal has no merit and it does not deserve to be admitted. The single judge has fully safeguarded the interest of the Board in his order. The relevant portion thereof reads thus: “Accordingly, it is directed that petitioner be paid the arrears of pension, gratuity and leave encashment within a period of one month from the date of receipt/production of a copy of this order but such payment will be subject to the result of the Rule 43(b) proceeding. In the event Rule 43(b) proceeding is decided against the petitioner and amount of loss is fastened on the petitioner then he will be obliged to refund the amount received in the light of this order and for that purpose he must record an undertaking on affidavit. Petitioner is directed to cooperate in early conclusion of the Rule 43(b) proceeding which the 2 authorities must conclude as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order and submit a report to this court.” 2. We are astonished that despite inbuilt safeguard provided in the order the Board has wasted the public money in this avoidable litigation. 3. The appeal is , accordingly, dismissed. 4. This disposes of IA. No.4144 of 2008 & IA No. 4145 of 2008 as well. R.M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/