IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11308 of 2010 JAGAN NATH JHA, SON OF LATE PANDIT RAM KRISHNA JHA, RESIDENT OF VILLAGE OLAPUR, GANGAUR, POLICE STATION KHAGARIA, DISTRICT KHAGARIA. Versus 1. THE BIHAR STATE ELECTRICITY BOARD THROUGH IT CHAIRMAN, BAILEY ROAD, PATNA. 2. THE SECRETARY, BIHAR STATE ELECTRICITY BOARD, BAILEY ROAD, PATNA. 3. THE JOINT SECRETARY, BIHAR STATE ELECTRICITY BOARD, BAILEY ROAD, PATNA. 4. THE ACCOUNT OFFICER(FUND) BIHAR STATE ELECTRICITY BOARD, BAILEY ROAD, PATNA. 5. THE GENERAL MANAGER-CUM-CHIEF ENGINEER, CENTRAL AREA ELECTRICITY BOARD, PATNA. 6. THE ELECTRICAL SUPERINTENDING ENGINEER, SASARAM, ROHTAS. ----------- 02. 21.07.2010 Heard learned counsel for the petitioner and the counsel for the Bihar State Electricity Board(hereinafter referred to as the Board). 2. Petitioner superannuated while serving the Board on the post of Electrical Executive Engineer with effect from 29.2.2000. He has filed this writ application for quashing the order of the Board contained in letter No.11418 dated 24.12.2009, Anneure-7, whereunder he has been informed that his leave encashment is not being released as per his request contained in letter dated 24.8.2009 as the departmental proceeding initiated against him has not yet been concluded. The departmental proceeding was initiated under charge sheet dated 24.10.2000 i.e. after superannuation of the petitioner and petitioner filed written defence on 27.7.2001 but till date the authorities of the Board have been sleeping over the cause shown by the 2 petitioner and not adjudicating the charge, meanwhile petitioner approached this Court for payment of remainder of his retiral dues i.e. leave encashment in C.W.J.C. No.6314 of 2007, which was disposed of under orders dated 31.7.2009, Annexure-6 directing the Board to pay his retiral dues within four months of the receipt of the order. In compliance of the orders of this Court petitioner requested the authorities of the Board to release his leave encashment amount vide his letter dated 24.8.2009, which has been replied under the impugned order dated 24.12.2009, Annexure-7. Petitioner superannuated on 29.2.2000, charge sheet was served on him on 24.10.2000 written defence was filed on 27.7.2001, there is no justification for the authorities of the Board to keep the matter pending for over nine years. 3. Accordingly, it is directed that the departmental proceeding initiated against the petitioner be concluded and appropriate final order be passed as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the Enquiry Officer and the Chairman of the Board and if the departmental proceeding is not concluded within the time indicated above on account of laches of the authorities the amount be released after expiry of the time granted for disposal of the proceeding. 4. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.) 3