IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.253 of 2006 MOTI PRASAD SINHA SON LATE SADHU MAHTO, RESIDENT OF VILLAGE – BHARAMPUR, P.S.- PHULWARISARIF, DIST. PATNA. Versus 1. BIHAR STATE ELECTRICITY BOARD, THROUGH ITS CHAIRMAN, VIDUT BHAWAN, BAILY ROAD, PATNA. 2. SECRETARY, BIHAR STATE ELECTRICITY BOARD, THROUGH ITS CHAIRMAN, VIDUT BHAWAN, BAILY ROAD, PATNA. 3. FINANCE CONTROLLER, BIHAR STATE ECTRICITY BOARD, THROUGH ITS CHAIRMAN, VIDUT BHAWAN, BAILY ROAD, PATNA. 4. GENERAL MANAGER-CUM-CHIEF ENGINEER,CENTRAL AREA ELECTRICITY BOARD, PATNA. ----------- For the Appellant : Mr. Shivaji Pandey,Sr.Adv. and B.N. Tiwary,Adv. For the Respondents:Mr. Vijay Kumar Verma, Advocate,B.S.E.B. -------- 5. 13.1.2010. I.A. No.8512 of 2009 This is an application for bringing legal heirs of the appellant on record. There is no objection. Prayer is allowed. The name of the original appellant is expunged and the names of the legal heirs be substituted in his place. I.A. stands allowed. Heard Mr. Shivaji Pandey, learned counsel for the appellant and Mr. Vijay Kumar Verma on behalf of the respondent namely Bihar State Electricity Board and its functionaries. - 2 - The challenge is to the order dated 15.12.2005 passed by the learned Single Judge in C.W.J.C. No.11912 of 2003. At the very outset we may note fruitfully that the order passed by the learned Single Judge cannot be faulted with which is also fairly conceded to by Mr. Pandey. He, however, submits that his grievance is that more than 65 thousand rupees has been erroneously deducted by the respondent Board from the retiral dues of Late Moti Prasad Sinha, who is the predecessor in interest of the appellant who have been brought on record. As a disputed question has emerged which this Court cannot go into, it is directed that the Bihar State Electricity Board shall constitute a Committee of three officers within a period of one month and the said Committee shall offer an opportunity of hearing to one of the legal representatives of erstwhile employee and record a finding how the amount was due from Late Sinha. Mr. Vijay Kumar Verma has no objection, if the legal representative is assisted by counsel before the Committee. Needless to emphasize, if it is found by the - 3 - N.H./ Committee that certain amount has been erroneously deducted, the same shall be paid to the legal representatives. This Court hopes and trust that the Electricity Board and its functionaries would adopt an objective approach and not stand embedded to their stand, for acceptance of truth, though painful it might be, is a strong pillar of justice. The whole exercise shall be completed within a period of three months. The appeal stands disposed of accordingly. A free copy of the order be handed over to Mr. Vijay Kumar Verma, learned counsel for the Board to do the needful in the matter. ( Dipak Misra,CJ) ( Shiva Kirti Singh,J.)