IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12351 of 2010 BRAJ BIHARI SINGH, SON OF LATE BAIJNATH SINGH, RESIDENT OF VILLAGE NAWADA BEN POLICE STATION UDWANTNAGAR, DISTRICT BHOJPUR. Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY, ENERGY DEPARTMENT, GOVERNMENT OF BIHAR, PATNA, BIHAR. 2. THE CHAIRMAN, BIHAR STATE ELECTRICTIY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 3. THE MEMBER FINANCE(ACCOUNTS) VIDYUT BHAWAN, BIHAR STATE ELECTRICTIY BOARD, BAILEY ROAD, PATNA. 4. THE SECRETARY, BIHAR STATE ELECTRICTIY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 5. THE DEPUTY DIRECTOR, SECRETARIAT, BIHAR STATE ELECTRICTIY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. ----------- 03. 04.08.2010 Heard learned counsel for the petitioner and the counsel for the Bihar State Electricity Board(hereinafter referred to as the Board). 2. Part of the retiral dues i.e. 10% of the pension, leave encashment etc. has not been paid to the petitioner, who superannuated while serving the Board as Executive Engineer with effect from 24.1.1998 on the ground of pendency of Vigilance Case Nos.43 of 1990 and 55 of 1990. 3. It is submitted on behalf of the petitioner that trial of the aforesaid two vigilance case is not making progress as witnesses have not turned up in the court for nearly five years. Vigilance case cannot be allowed to continue in perpetuity, in the circumstances, it is directed that the trial court should ensure that Vigilance Case Nos.43 of 1990 and 55 of 1990 is taken to its logical end as early as possible, in any case within six months from the date of receipt/production of a copy of this order before the trial court, failing which the trial court shall consider the desirability to discharge the petitioner from the trial. Once the discharge order is passed in favour of the petitioner, the authorities of the Board should consider the same and pass appropriate orders for payment of remaining retiral dues of the petitioner. 4. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)