IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7689 of 2010 SRIKANT @ SHRIKANT SINGH S/O LATE SUKHDEO SINGH R/O VILL BHIMPURA, P.O.BAGA, P.S.SANDESH, DISTT-BHOJPUR, BIHAR (NO.13685199 EX-GUARDSMAN) Versus 1. THE UNION OF INDIA THROUGH THE CHIEF OF THE ARMY STAFF, ARMY HEADQUARTERS NEW DELHI. 2. THE MAJOR , SENIOR RECORD OFFICER, OIC, PENSION GROUP, RECORDS, BRIGADE OF THE GUARDS PIN-9000746 3. THE MAJOR , SENIOR RECORD OFFICER, OIC, PENSION GROUP, ABHILEKH , BRIGADE OF THE GUARDS RECORDS , BRIGADE OF THE GUARDS KAMPTEE-441001 4. THE STATE OF BIHAR, THROUGH THE SECRETARY, DEPARTMENT OF LAW GOVERNMENT OF BIHAR, PATNA 5. THE DEPUTY SECRETARY-CUM-PUBLIC INFORMATION OFFICER, DEPARTMENT OF LAW GOVERNMENT OF BIHAR, PATNA ----------- 04. 26.11.2010 Heard the parties. The grievance of the petitioner is with regard to the payment of retiral dues as indicated in paragraph -1 of the writ application. It is submitted that the payment of retiral dues is not being fixed by the respondent Union of India since they have not been able to assert as to whether any appeal by the State of Bihar was filed against the order of his acquittal in Criminal Appeal No. 568 of 2001 vide judgment dated 29th of September 2005 vide Annexure-1. It is further submitted that the State of Bihar did not file any appeal against the order of acquittal which would be substantiated on perusal of the information supplied to the petitioner by the Deputy Secretary-cum-Information Officer, Department of Law, Government of Bihar as per letter dated 17th of April 2009 as contained in Annexure-5. No counter affidavit has been filed on behalf of the State of Bihar. In the above circumstances, respondent nos. 2 and 3 may get the fact of filing the appeal against Annexure-1 on its own level either from the Registry of the Supreme Court or from the Department of Law, Government of Bihar, Patna and thereafter pass the appropriate orders with regard to the payment of admissible pensionary benefits as also any other dues on account of arrears of salary if any. Such order be passed expeditiously preferably within a period of three months on receipt/production of certified copy of the present order. The writ application stands disposed of with the above observations/directions. Jagdish/- ( Shailesh Kumar Sinha,J.)