IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9210 of 2009 BHUBNESHWAR SHARMA, S/O LATE JAGROOP SHARMA, RESIDENT OF VILLAGE DHURIARI, P.S.- GHOSHI, DISTRICT – JEHANABAD, BIHAR. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY WATER RESOURCES DEPARTMENT,GOVT. OF BIHAR, PATNA. 2. THE ACCOUNTANT GENERAL A & P II, BEER CHAND PATEL MARG, PATNA. 3. THE JOINT SECRETARY, MANAGEMENT CELL, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE DEPUTY SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. THE CHIEF ENGINEER, MINOR IRRIGATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 6. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT, NALANDA DIVISION, BIHARSHARIF, BIHAR. 7. THE SUPERINTENDING ENGINEER CUM ENQUIRING OFFICER, PLANNING AND MONITORING, CIRCLE NO.1, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. ... ... RESPONDENTS. ----------- 2. 4.8.2009. Petitioner is aggrieved by the resolution of the State Government bearing Memo No.418 dated 22.5.2009 where under proceeding has been initiated against him under Rule 43(B) of Bihar Pension Rules subject matter whereof is of the year 1989 and the authorities all along had the knowledge of the facts constituting the misconduct and according to the petitioner, initiation of the proceeding under the impugned resolution is violative of the provisions contained in Rule 43(B) itself as - 2 - N.H./ such proceeding could be initiated within four years of his superannuation, petitioner having retired in 1997, the present proceeding could not have been initiated twelve years after his retirement. Let petitioner highlight the aforesaid submission by filing a representation before the Government enclosing a copy of this order and the competent authority of the State Government shall be obliged to consider the same by passing a reasoned order as early as possible in any case within one month. The Enquiry Officer should await the result of the representation of the petitioner. This application is, accordingly, disposed of. ( V.N. Sinha,J.)