IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1134 of 2009 1. THE SECRETARY,B.S.ELECTRICITY BOARD, VIDHUT BHAWAN, PATNA 2. THE EXECUTIVE ENGINEER, BIHAR STATE ELECTRICITY SUPPLY SUB DIVISION, JEHANABAD, DISTT JEHANABAD …. RESPONDENTS/APPELLANTS Versus MOHAMMAD MOIZUDDIN SON OF LATE FARHAT HUSSAIN, RESIDENT OF MOHALLA-SEIKH ALAM, CHAK, P.O.+ P.S. JEHANABAD, DISTRICT-JEHANABAD with LPA No.1245 of 2009 1. THE SECRETARY,B.S.ELECTRICITY BOARD, VIDHUT BHAWAN, PATNA 2. THE EXECUTIVE ENGINEER, BIHAR STATE ELECTRICITY SUPPLY SUB DIVISION, JEHANABAD, DISTT JEHANABAD Versus MOHAMMAD MOIZUDDIN SON OF LATE FARHAT HUSSAIN, RESIDENT OF MOHALLA-SEIKH ALAM, CHAK, P.O.+ P.S. JEHANABAD, DISTRICT-JEHANABAD ----------- 11 20.06.2011 There is delay of 222 days in filing of these appeals. It has been contended that the delay has occurred due to filing of review application which was not intentional. After hearing the other sides the delay in filing of these appeals is condoned. So far as merits are concerned, the learned counsel for the appellants has contented that the respondent is not entitled for release of any balance due of pension and full gratuity as directed by the learned Single Judge as departmental proceeding and a criminal case is pending but the said fact has been disputed by the learned counsel for the 2 respondents stating that even though the respondent has chosen to appear before the criminal court. Learned counsel for the appellant has treated him to be absconder the same was not correct. It was also submitted that the respondent was not appearing in the departmental proceeding but the said fact is also disputed. In view of the above, we are of the opinion that the order of the learned Single Judge can be modified to the extent that the appellant department shall make the payment as expeditiously as possible as directed by the learned Single Judge but the payment will be subject to the result of the criminal case as also the pending departmental proceeding, if any as on today. With the above modification in the order of the learned Single Judge these appeals are disposed of. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)