IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8587 of 2005 DR.(CAPT.)SHYAM BAHADUR SINGH, aged about 64 years, son of Late Rash Bihari Singh, resident of Pataliputra Path, Rajendra Nagar, P.S. Kadam Kuan, District Patna … Petitioner Versus 1. THE STATE OF BIHAR 2. Secretary & Commissioner, Department of Health, Govt. of Bihar, Patna 3. Joint Secretary, Department of Health, Govt. of Bihar, Patna … Respondents ----------- 3. 20.6.2011 No one appears for the petitioner. In this writ application the prayer of the petitioner is to quash the Memo of Charge dated 13.5.2005 (resolution dated 20.5.2005), contained in Annexure 1 to the writ application. This writ application was filed on 21.7.2005 and there being no stay to the aforementioned Memo of Charge till date, this Court, now after a period of six years, being unaware of subsequent events and/or conclusion of the departmental proceeding, is not inclined go into question of initiation of the departmental proceeding on the ground of either delay or infringement of Rule 43(B) of Bihar Pension Rules. If the departmental proceeding against the petitioner has remained still pending, the petitioner may raise the 2 question as with regard to his being dealt in teeth of proviso to Rule 43(b) of the Bihar Pension Rules or delay in initiating the proceeding if and when he is held guilty and called upon to file his reply to the show cause notice proposing to inflict him punishment. It also goes without saying that if the meantime the petitioner has already been punished on the basis of impugned memo of charge, he will have the liberty to assail the order of punishment also on the grounds raised in this writ application. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/