IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17345 of 2009 1. INDU KUMARI SINHA W/O SRI NAWAL KISHORE SINHA AT PRESENT RESIDENT OF- NAVENDU VILLA, MOHALLA- KUNDA, P.O. AND P.S.- KUNDA, DISTT.- DEOGHAR (JHARKHAND) Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT. GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA 5. THE AREA EDUCATION OFFICER, DANAPUR NO. II, PATNA ----------- 02/ 15.04.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has prayed for quashing of several orders including the final order passed in the departmental proceeding dated 15.10.1999 contained in Memo No. 3889, whereby major punishment has been imposed upon the petitioner. She has been reverted back in the Matric trained scale from the B.A. trained scale and for the period of suspension, except subsistence allowance nothing is to be paid to the petitioner. Counsel for the petitioner submits that the major punishment was awarded to the petitioner in an ex-parte proceeding, without proving the charges, simply for the reason that the petitioner did not participate in the proceeding. Even if the petitioner was absent, this was - 2 - mandatory for the respondent-authorities to pass any order of punishment in the departmental proceeding, only when charges are proved. I find that the order dated 15.10.1999, is being challenged by the petitioner after 10 years. In the meantime, she has already superannuated on 31.10.2007. After the final order passed in the departmental proceeding, petitioner had filed C.W.J.C. No. 10894 of 1999 but in that writ application she did not challenge the order of punishment passed against her in the departmental proceeding. After long delay of 10 years, for the first time petitioner has approached this Court. The prayer of the petitioner cannot be allowed so far quashing of the final order passed in the departmental proceeding is concerned, especially for the reason that she has already superannuated from her service and in the changed circumstance, already concluded departmental proceeding, cannot be reopened. This application is dismissed. DKS/ (Mridula Mishra, J.)