IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7657 of 2008 BRIJ BHUSHAN SINGH, SON OF LATE RAMANUJ SINGH ASSISTANT, BIHR SCHOOL EXAMINATION BOARD, PATNA, P.S. KOTWALI, DIST. PATNA. ... ... PETITIONER. Versus 1. THE BIHAR SCHOOL EXAMINATION BOARD, PATNA THROUGH ITS SECRETARY. 2. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD, PATNA. 3. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA. 4. THE JOINT SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA. ... ... RESPONDENTS. ----------- 7. 30.10.2009. Counsel for the Board has filed counter affidavit, which is taken on record. Petitioner is an assistant serving in Bihar School Examination Board and he has been visited with the punishment order bearing Office Order No.1849 dated 3.9.2003 where under his three increments have been with held with cumulative effect with further direction that nothing beyond the subsistence allowance shall be paid to the petitioner for the period of suspension. Against the punishment order passed by the Secretary of the Board, petitioner has filed an appeal before the Board itself which is dated 7.10.2003 and is contained in Annexure-9 to this application. - 2 - N.H./ From the counter affidavit filed on behalf of the Board, it does not appear that the Board has already disposed of the said appeal as no statement about the pendency or disposal of the appeal has been made in the counter affidavit. In the circumstances, this Court has no option but to presume that the appeal of the petitioner dated 7.10.2003 contained in Annexure-9 has not yet been considered and disposed of by the Board. Having heard counsel for the petitioner and the Board, I direct the Board to consider and dispose of the appeal of the petitioner dated 7.10.2003 (Annexure-9) filed against the punishment order bearing Memo No.1849 dated 3.9.2003 (Annexure-8) at the earliest in any case within two months from the date of receipt/production of a copy of this order. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.) - 3 -