IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1719 of 2010 SURYADEO SHARMA @ SURAJDEO SHARMA S/O LATE JANKI PRASAD SHARMA R/O VILL.- FATEHPUR PHULWARIA, P.S.- SARAI IN THE DISTRICT OF VAISHALI Versus 1. THE BIHAR STATE ELECTRICITY BOARD, PATNA THROUGH ITS CHAIRMAN, VIDYUT BHAWAN, BELI ROAD, PATNA 2. THE SECRETARY, BIHAR STATE ELECTRICITY BOARD, BIDHUT BHAWAN, BELI ROAD, PATNA 3. THE JOINT SECRETARY (GENERAL ADMINISTRATION), BIHAR STATE ELECTRICITY BOARD, BIDHUT BHAWAN, BELI ROAD, PATNA 4. THE DEPUTY GENERAL MANAGER, BIHAR STATE ELECTRICITY BOARD, BHAGALPUR AREA BOARD, BHAGALPUR (A UNIT UNDER BIHAR STATE ELECTRICITY BOARD) ----------- 02. 19.02.2010 Heard learned counsel for the petitioner and the Bihar State Electricity Board(hereinafter referred to as the Board). 2. Petitioner, who served as Junior Electrical Engineer in the Board was placed under suspension and subjected to a criminal case as also departmental proceeding. The suspension was for the period between 15.12.1982 to 22.4.1987, whereafter he was reinstated and served the Board until the date of his superannuation i.e. 1.3.1999. After superannuation he was convicted in the criminal case vide judgment dated 18.1.2000 against which he filed Criminal Appeal No.39 of 2000, which is pending in this Court. Under resolution of the Board bearing No.587 dated 27.6.2000, Annexure-1 petitioner was served with the second show cause notice calling upon him to show cause as to why his pension be not stopped in view of the provisions contained in Rule-43B of the Bihar Pension Rules and no salary beyond subsistence allowance be paid to him for the suspension period. By filing reply dated 24.7.2000, Annexure-5 petitioner requested the authorities of the Board to await the judgment in the - 2 - criminal appeal preferred by him. By filing this application petitioner contends that till date the authorities of the Board have not taken any decision in the light of the resolution of the Board dated 27.6.2000, Annexure-1. 3. Counsel for the Board with reference to the show cause reply filed by the petitioner dated 24.7.2000, Annexure-5 submitted that as the petitioner himself requested the Board to await the decision in the criminal appeal filed by him the Board has not taken any decision in the matter. 4. Having heard counsel for the parties, I direct the petitioner to file his show cause as was called upon him under resolution dated 27.6.2000, Annexure-1 within two weeks from today, whereafter the Board should take appropriate decision in the matter in accordance with law as early as possible, in any case within four week from the date of receipt of show cause reply filed by the petitioner and pass reasoned order in accordance with law. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)