IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15585 of 2008 MUNESHWARI DEVI widow of late Ram Chandra Prasad, resident of village Sahdullapur, P.O.- Chandanpatti, P.S. Sakra, Distt- Muzaffarpur. Versus 1. THE STATE OF BIHAR 2. The Secretary, Minor Irrigation Deptt., Govt. of Bihar, Patna. 3. The Chief Engineer (North), Tubewell Wing Project,Muzaffarpur. 4. The Superintending Engineer, Tubewell Circle, Muzaffarpur. 5. The Executive Engineer, Tubewell Division, Hajipur, District- Vaishali 6. The District Provident Fund Officer, Hazipur,District- Vaishali. 7. The District Treasury Officer, Muzaffarpur. 8. The Accountant General, Bihar,Pana. ----------- For the Petitioner :Mr.Sidhendra Narayan Singh 2 24.3.2009 Petitioner’s late husband Ram Chandra Prasad was employed as Tubewell Operator in Tubewell Division, Hajipur on 2.5.1973 . It is alleged that petitioner’s husband died in harness after prolonged illness as Tubewell Operator under the Executive Engineer, Tubewell Division, Hajipur. This fact is strongly denied in the counter affidavit, which has been filed. It is stated that, in fact, petitioner’s late husband had joined as Tubewell Operator in a Work Charge Establishment and was regularized subsequently in 1983. He remained absent from 1.6.1987 to 26.12.1999 without any intimation and/or authorization and died on 27.12.1999. It was thus said that he stood dismissed and/ or his services were totally unsatisfactory and because of both the aforesaid reasons, he was not entitled to retiral dues. In my view the view is not correct. In terms of Rule 76 of the Bihar Service Code there is no question of automatic dismissal. Rule 76 of the Bihar service Code clearly contemplates a proceeding. Similarly so far as Rule 139 of the Bihar Pension Rule is concerned, the services can be termed - 2 - as unsatisfactory for the purposes of pension only after a departmental proceeding. In the present case, it is not in dispute that even though authorities were fully aware that the petitioner was absent for a long period, no proceedings at all were initiated. Now after ten years of his death such a plea is not permissible. I accordingly direct the petitioner to make a detailed representation to the Executive Engineer, Tubewell Division, Hajipur, who would consider the entire matter afresh and see that all legitimate dues of the petitioner are finally settled. He would pass a speaking order and ensure payment to the petitioner within two months of the petitioner’s making a detailed representation to him in this regard. With the aforesaid observation and direction, this writ petition stands disposed of. singh (Navaniti Pd. Singh)