IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2323 of 2007 Raghav Sharan Sharma, son of Late Gaya Singh, resident of village Sondiha, Police Station Guraru, District-Gaya, at present residing at No.9-31-C2, Brij Enclave Extension Coloney, Sundarpur Varanasi (UP) Versus 1. The State of Bihar through Commissioner-cum-Secretary, Department of Water Resources, Government of Bihar. 2. Sri A.K.Sinha, Commissioner-cum-Secretary, Department of Water Resources, Government of Bihar, Patna 3. Sri Surya Narayan Das, Deputy Secretary, Water Resources Department, Government of Bihar, Patna With MJC No.3155 of 2007 1. The State of Bihar through Commissioner-cum-Secretary, Department of Water Resources, Government of Bihar. 2. The Commissioner-cum-Secretary, Department of Water Resources, Government of Bihar, Patna 3. The Deputy Secretary, Department Water Resources, Government of Bihar, Patna Versus Raghav Sharan Sharma, son of Late Gaya Singh, resident of village Sondiha, Police Station Guraru, District-Gaya, at present residing at No.9-31-C2, Brij Enclave Extension Coloney, Sundarpur Varanasi (UP) ----------- 4. 13.08.2009 MJC No. 3155 of 2007 This MJC application is filed for modification of the order dated 14.9.2006 passed by this Court in CWJC No. 6585 of 2002 and extension of further four months time of disposal of departmental proceeding/disciplinary proceeding. By the order dated 14.9.2006 the earlier order of punishment was quashed and a direction was given that a second show cause notice, if any, must be issued within three months from the date of the order and the petitioner was directed to file a reply to the same within a period of 15 days thereafter and it was further directed that the disciplinary authority must pass fresh order under Rule 43 (b) of the Bihar Pension Rules - 2 - within a month of the same. It was clearly held by this Court in the said order that in the event the disciplinary authority does not pass the final order after issuing second show cause notice within the time, as mentioned above, it was held that it shall be deemed that the petitioner stands absolved of all the charges leveled against him in the disciplinary proceedings. In the present matter it is admitted that the petitioner had filed his reply to the second show cause notice, which was also issued within time, on 1.12.2006. In that situation the final order had to be passed latest by 1st January, 2007 failing which the petitioner would stand absolved of all the charges leveled against him in the disciplinary proceedings. It is stated by learned counsel that the final order had been passed on 5.4.2007 by notification no. 326. The present application for modification of the order dated 14.9.2006 was filed on 17.12.2007. Thus, at the time when the present modification petition was filed, the order dated 14.9.2006 had already taken effect and it was not open to the disciplinary authority to pass any final order nor any modification petition filed after 1.1.2007 would be maintainable before this Court since in terms of the direction of this Court it shall be deemed that the petitioner stood absolved of all the charges leveled against him in the disciplinary proceedings after 1.1.2007. In the above circumstances, the prayer for modification is rejected. MJC No. 3155/2007 is accordingly dismissed. - 3 - MJC No. 2323/2007: No one appears for the petitioner. The contempt application is dismissed as not pressed. S.Pandey (Ramesh Kumar Datta, J.)