IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9755 of 2009 JIWAN PRASAD VERMA, SON OF LATE CHANDRA MOHAN LAL DAS, RESIDENT OF VILLAGE-DUMRI, P.O.- GANPATGANJ, DISTT- SUPAUL. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, VIKASH BHAWAN, PATNA. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, VIKASH BHAWAN, PATNA. 3. THE DIRECTOR (ADMINISTRATION)-CUM-JOINT SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, VIKASH BHAWAN, PATNA. 4. THE DEPUTY DIRECTOR (ADMINISTRATION), DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA. 5. THE DIRECTOR, MASS EDUCATION, GOVERNMENT OF BIHAR, PATNA. 6. THE PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATIVE, GOVERNMENT OF BIHAR, PATNA. 7. THE REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR, PATNA. 8. THE DISTRICT EDUCATION OFFICER, PATNA. 9. THE DIRECTOR, DIRECTORATE OF PROVIDENT FUND, BIHAR, PATNA. 10. THE DISTRICT PROVIDENT FUND OFFICER, PATNA. 11. THE ACCOUNTANT GENERAL, BIHAR, PATNA. ... ... RESPONDENTS ----------- 2. 17.8.2009. Petitioner superannuated with effect from 31.7.2008 while serving as Principal, Government High School, Kankarbagh, patna. He is aggrieved by the resolution of the Government bearing Memo No.379 dated 21.5.2009 (Annexure-2) where under a proceeding under Section 43(B) of the Bihar Pension Rules has been initiated against him - 2 - for failure to comply the order of this Court dated 24.8.2003 passed in C.W.J.C. No.6744 of 2003 while he was serving as District Mass Education Officer, Sitamarhi as also to obey the Government orders to attend meeting. It is submitted on behalf of the petitioner that initiation of the proceeding under Section 43(B) of the Bihar Pension Rules is absolutely erroneous as the ground on which such proceeding has been initiated is non est. In this connection, it is pointed out that under orders of this Court dated 24.8.2003, no such direction was given to him to make payment of salary and the other ground taken for initiating such proceeding that he did not attend the meeting is also incorrect as on the relevant date when the meeting was called upon, he was on leave. Such submission of the petitioner is being countered by the counsel for the State who submits that both the grounds are made out from perusal of the connected documents. Having heard counsel for the parties, it appears under Memo No.379 dated 21.5.2009, the authorities have issued notice - 3 - for initiation a proceeding under Section 43(B) of the pension Rules and if the petitioner is of the view that the grounds on which the proceeding has been initiated is non est, then it is for the petitioner to file his reply before the authorities making out a case that the proceeding be closed as the grounds on which the proceeding has been initiated are non est. Let the petitioner file his reply before the authorities as early as possible in any case within three weeks along with a copy of this order and thereafter, the authority, namely, the Director, Administration-cum-Joint Secretary shall pass appropriate orders in accordance with law dealing with the aforesaid two submission of the petitioner as early as possible in any case within one month from the date of receipt of the show cause. It goes without saying that petitioner should annex the relevant document on which he proposes to rely along with the representation. - 4 - N.H./ This application is, accordingly, disposed of. ( V.N. Sinha,J.)