IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10949 of 2008 BINDESHWAR SINGH son of late Jhapsi Singh, resident of village- Kisraipur, P.O. Mediniganj, P.S. Ghoshi, District- Jehanabad, retired from the post of Accounts Assistant, New Capital Division,Patna Electricity Supply Undertaking under Bihar State Electricity Board,Patna. Versus 1. BIHAR STATE ELECTRICITY BOARD, Patna through its Chairman, Bihar State Electricity Board,Patna. 2.The Secretary, Bihar State Electricity Board,Patna. 3. The Joint Secretary, Bihar State Electricity Board,Patna. 4. Electrical Executive Engineer, New Capital Division,Patna Electric Supply Undertaking,Patna. ----------- 3 17.3.2009 Petitioner superannuated from the Bihar State Electricity Board on 31.7.2007. Having failed to get full and final settlement of his retiral due, he has come to this Court. A counter affidavit has been filed on 17.3.2009(today) in which it is stated that at a certain point of time, petitioner was responsible for causing financial loss to the Board. This amount is recoverable from the petitioner but admittedly still no proceeding has been initiated for the dereliction or recovery of the amount. Apart from that no other reason has been given. In my view, the reason given cannot stand the scrutiny of law. The amount can only be recovered from an employee or a retired employee only pursuant to order passed in a duly constituted departmental proceeding. Admittedly, in the present case, even though the petitioner retired about two years back, a proceeding is merely contemplated and not yet initiated. On the plea of contemplated proceeding substantial retiral dues are being with-held. This is not 2 permissible. Either the respondents must forthwith initiate proceeding, if they so wanted or else pay the retiral due and then subsequently to recover any amount, they get an order for that. I,therefore, direct that if departmental proceedings are not initiated within four weeks from today, then the petitioner would be entitled to get all payments including gratuity etc. In case there is any further delay, the Board would then be liable to pay interest for the delayed payment. Even if proceedings are initiated, they must be concluded within three months. If they are not so concluded within three months then Board must pay the retiral due because it cannot be the luxury of litigating and keeping the employee deprived of his legitimate retiral due. With the aforesaid observation and direction this writ petition stands disposed of. SINGH (Navaniti Pd. Singh, J.)