1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16197 of 2008 RAM KUMAR SINGH Versus BIHAR STATE ELECTRICITY BOARD& ORS. ----------- 22. 16.11.2010 Learned counsel for the petitioner and learned counsel for the respondent-Board. A counter affidavit has been filed on behalf of the Board explaining the circumstances under which provisional payment is to be made during the pendency of the departmental proceeding/criminal proceeding. Learned counsel for the petitioner submits that on perusal of the counter affidavit it appears that one Shri Braj Bihari Singh, retired Executive Engineer was sanctioned 90% of the provisional pension and gratuity even during the pendency of the criminal proceedings against him. Besides the above, it is submitted that the stand in the counter affidavit is to the effect that the State Government’s decision, as contained in Annexure-4 to the third supplementary counter affidavit, has not been acted upon for payment of 100% provisional pension during the pendency of the criminal case as the same was not incorporated in the Bihar Pension Rules. In the above circumstances, learned counsel for the petitioner submits that for expeditiously disposal of his claim for payment of 100% pension and gratuity as also other claims for payment of leave 2 encashment, the petitioner proposes to file a representation before respondent no. 2. In case such a representation is filed within a period of four weeks stating details of his grievances as also enclosing a copy of the relevant documents in support of claims along with the certified copy of the present order, representation be considered in accordance with law and disposed of by a reasoned order expeditiously, preferably within a period of four months on receipt of such representation and be communicated to the petitioner. Upon consideration, in case the representation of the petitioner is accepted, the admitted remaining dues, if any, may also be paid to the petitioner. Amit (Shailesh Kumar Sinha,J.)