IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9771 of 2009 BIRENDRA KUMAR VERMA, S/O LATE PARMESHWAR DAYAL, R/O VILLAGE-MORARPUR, P.S.-LAHERI, DISTRICT-NALANDA. …………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. COMMISSIONER, PATNA DIVISION, PATNA. 3. DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, NALANDA THROUGH ITS SECRETARY-CUM- DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA. 4. DISTRICT MAGISTRATE-CUM-CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, NALANDA. 5. DEPUTY DEVELOPMENT COMMISSIONER, NALANDA. 6. DISTRICT EDUCATION OFFICER, NALANDA. 7. DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA. 8. AREA EDUCATION OFFICER, ASTHAWAN, NALANDA. 9. AREA EDUCATION OFFICER, HILSA, NALANDA. ………………RESPONDENTS. ----------- 4 07.09.2010 When the case was taken up by this Court on 28.08.2009 i.e. almost a year back, this Court noticed that while allowing the appeal of the petitioner the Appellate Authority has remitted the matter back to the disciplinary authority for passing fresh orders within a period of six months. The grievance of the petitioner was that inspite of the said remand order of the Appellate Authority dated 30.03.2007, the disciplinary authority had not passed the order till now. This Court, therefore, allowed time to learned counsel for the respondents to file a counter affidavit on behalf of the Deputy Development Commissioner, Nalanda respondent no.5 2 assigning reason for pendency of the proceeding before him for such a long time. It is almost one year, but no counter affidavit has been filed. Learned counsel for the respondents prays for another adjournment. The prayer is refused. Since there is nothing on record to show that the disciplinary authority has passed orders even after passage of more than two years from the order of the Appellate Authority dated 30.03.2007, by which, it was directed to pass a speaking/reasoned order in the proceeding within six months, it is directed that if till today no final orders have been passed in the proceeding by the disciplinary authority upon remand from the Appellate Authority, the entire proceeding against the petitioner shall stand quashed. As a consequence, the punishment order shall stand wiped out and the petitioner shall be entitled to all the consequential benefits. The writ application is allowed with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)