IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8439 of 2010 1. MAHENDRA PRASAD SINGH S/O LATE NAGINA SINGH VILL.- DULARPUR, P.S. PUNPUN, DISTT. PATNA, AT PRESENT POSTED AS WELDER GRADE II, GRID SUB- STATION, BIHAR STATE ELECTRICITY BOARD, JAKKANPUR, PATNA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, ENERGY DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE CHAIRMAN, BIHAR STATE ELECTRICITY BOARD BAILEY ROAD, PATNA 3. THE SECRETARY BIHAR STATE ELECTRICITY BOARD, BAILEY ROAD, PATNA 4. THE JOINT SECRETARY BIHAR STATE ELECTRICITY BOARD, Administration Department BAILEY ROAD, PATNA 5. THE GENERAL MANAGER CUM CHIEF ENGINEER, TRANSMISSION ZONE BIHAR STATE ELECTRICITY BOARD, BAILEY ROAD, PATNA 6. THE GENERAL MANAGER CUM CHIEF ENGINEER PATNA ELECTRICAL SUPPLY UNDERTAKING, PATNA 7. THE ELECTRICAL SUPERINTENDING ENGINEER PATNA ELECTRICAL SUPPLY UNDERTAKING WEST, MANGLES ROAD, PATNA 8. THE ELECTRICAL SUPERINTENDING ENGINEER TRANSMISSION CIRCLE, NEW PUNAICHAK, PATNA 9. THE ELECTRICAL EXECUTIVE ENGINEER TRANSMISSION DIVISION, NEW PUNAICHAK, PATNA 10. THE ELECTRICAL EXECUTIVE ENGINEER POWER STATION, KARBIGAHIA, PATNA ----------- 8. 31.08.2010. Heard learned counsel for the petitioner and the counsel for the Bihar State Electricity Board (hereinafter referred to as the “Board”) as also perused the counter affidavit and the supplementary affidavit filed on behalf of the petitioner. 2. It appears, petitioner superannuated on attaining the age of 60 years in the light of the findings of the Medical Board with effect from 30.6.2010. In the circumstances, no interference is called for by this Court in the matter of superannuation of the petitioner. By filing supplementary affidavit petitioner has placed on - 2 - record the order of the General Manager-cum-Chief Engineer dated 29.6.2010, Annexure-6, whereunder proceeding has been initiated against the petitioner for his failure to respond to the instructions of the superior to appear before the Medical Board for verification of his age recorded in the service-book. The charge-sheet and the memo of evidence has also been annexed with the order dated 29.6.2010. Perusal of the order dated 29.6.2010 indicates that the proceeding has been directed to be concluded within two months from the date of filing of the show- cause reply by the petitioner. Petitioner has already filed his show-cause reply in the departmental proceeding which is dated 19.8.2010 and is contained in Annexure-7 to this application. 3. Having heard counsel for the petitioner and the Board, I grant further liberty to the petitioner to file a detailed written statement, as early as possible, in any case within two weeks from today and the Enquiry Officer should conclude the proceeding as early as possible, in any case within a period of two months from the date of receipt of the further written statement from the petitioner taking into account the submission of the petitioner that the changes in regard to the date of birth entry in the - 3 - service-book was made behind his back and that he responded to the instructions referred to in the charge-sheet but the same was never considered as also the fact that petitioner appeared before the Medical Board on two occasions but on both occasions, for one reason or the other, he was not medically examined by the Board. During the pendency of the proceeding if petitioner has not been paid 90% of his pensionary dues, same be paid within two weeks from the date of receipt of this order. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)