IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.665 of 2010 In (CIVIL WRIT JURISDICTION CASE 2143/2010). Birendra Kumar Srivastava S/O Late Kapildeo Prasad R/O Mohalla- Mohan Nagar, P.S.- Chapra Town, P.O.- Chapra, Distt.- Saran, Account Assistant (Dismissed) Electric Supply Sub-Division Baniyapur, Saran At Present Flat No. 104, Jai Sree Enclave South Mandiri Near Kathpul, Patna, Bihar … Appellant. Versus 1. The Bihar State Electricity Board, Patna Through Its Chairman Vidyut Bhawan Bailey Road, Patna, Bihar 2. The Secretary, Bihar State Electricity Board, Vidyut Bhawan Bailey Road, Patna, Bihar 3. The Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan Bailey Road, Patna, Bihar … Respondents. ---------------------------------- For the appellant : Mr. Vivek Prasad, Adv. For the Board : Mr. Vijay Kumar Verma, Adv. 5. 02.12.2011 Heard learned counsel for the appellant and the learned counsel for the Bihar State Electricity Board. The writ petition preferred by the appellant bearing C.W.J.C.No. 2143 of 2010 has been dismissed by the learned single Judge by order under appeal dated 5th March 2010. The materials on record disclosed that the appellant was earlier in service of respondent Board as Accounts Assistant cum-cashier. He was subjected to disciplinary proceeding on the charge of defalcation to the tune of Rs.8,00,000/- and odd. After enquiry he was awarded punishment of dismissal from service by order 2 dated 27th May 2000. The appellant also faced criminal case in which he was acquitted on 1st February 2001. The appeal against the order of dismissal was rejected on 20th August 2002 vide Annexure-6. The appellant for some reason did not take any action in the matter for long number of years but ultimately filed a writ petition bearing C.W.J.C.No. 2818 of 2009 claiming reinstatement to the post from which he was dismissed. That writ petition was withdrawn without seeking grant of any liberty, by order dated 3rd March 2009. That order is part of Annexure-5 to the writ petition. The same matter has been reagitated through the present writ proceeding on the ground that certain papers and registers were not made available during the enquiry and that acquittal in the criminal case will have the effect of nullifying the decision taken in the disciplinary proceeding. We are in agreement with the writ court. There is no merit in this appeal. It is, accordingly, dismissed. Jay/ ( Shiva Kirti Singh,J) (Shivaji Pandey, J)