IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5987 of 2006 VINOD KUMAR DAS Versus THE CHAIRMAN,B.S.E.B. & ORS ----------- 03. 07/08/2008 Petitioner has made a request upon the respondents to permit him to retire voluntarily from service of the Board because he was finding difficulty in continuing with his responsibility under the circumstances explained by him. The earliest resignation was tendered by him on 28.6.2003 which was not acted upon. Thereafter an application seeking voluntary retirement was also made in 2004. Petitioner has sent a letter to the General Manager cum Chief Engineer, Patna on 31.8.2005. But then, even that did not stir the respondents from responding to the request of the petitioner. Even a legal notice seems to have been sent to the local authority as would be evident from annexure-6 to which the petitioner was told that he is to wait final decision from the superiors. Writ application was filed by the petitioner on 5.5.2006. Counsel for the respondents was granted indulgence on 19.3.2007 for four weeks to file counter affidavit. The four weeks now has been extended to 18 months but there is neither counter affidavit nor a decision on the request of the petitioner. This is yet other instances of gross inaction or lack of concern having been shown by the respondent Electricity Board in matters of litigation pending before this Court. As already indicated in yet another order these are unnecessary litigations which is burdening the Court because officials of the board concerned are either insensitive or callous in shouldering - 2 - their responsibility. They will neither perform their official responsibility nor will they file counter affidavit which can assist the Court in deciding an issue one way or the other. The writ application is disposed of with a direction upon the Chairman, Bihar State Electricity Board to now shoulder the responsibility of taking a decision on the request of the petitioner for voluntary retirement. The decision must be taken and communicated to the petitioner within three months from the date of communication/production of a copy of this order. The Chairman is also given liberty to fix the liability upon the person who failed to take a decision on the request made by the petitioner as also to pin- point the person who regularly fail to file counter affidavits in many a litigations pending before this Court and even take action if so advised. The writ application is disposed of with the above direction. rkp (Ajay Kumar Tripathi, J)