1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16510 of 2011 Rudra Narayan Rai, son of Late Ram Parikshit Rai, resident of Village- Baghmari, Post-Rohini, District-Deoghar (Jharkhand)……Petitioner. Versus 1. The State Of Bihar through the Principal Secretary, General Administrative Department, Govt. of Bihar, Patna. 2. Under Secretary, General Administrative Department, Govt. of Bihar, Patna………………………………………Respondents ----------- 2. 22.9.2011 Heard learned counsel for the petitioner and learned counsel for the State. The departmental proceeding was initiated just before four days of superannuation of the petitioner i.e. on 29.10.1991. Though the petitioner was granted provisional pension of 90% but this enquiry dragged till today. The enquiry report has been submitted on 19.1.2010 and the show cause was issued on 15.5.2010. Thereafter, the petitioner submits his reply on 8.6.2010 but, no final order has been passed till today. The petitioner has also challenged the initiation of enquiry itself on the ground of delay and pendency of the Department proceedng. It has further been submitted that they have issued the notice under Section 139 of the Bihar Pension Rules which is completely illegal. This Court has not adjudicated the points raised by the petitioner which will be seen after the final order passed by the authority concerned. Be that at it may, proceeding has been continuing for 2 more than 21 years but the authorities are sitting tight over the matter. This Court directs the Principal Secretary, General Administration Department, Govt. of Bihar to pass a final order in the matter of the petitioner concerning the departmental enquiry within one month from the date of receipt/production of copy of this order. If the Authority will not pass an order then it will be presumed that it is nothing but harassing the petitioner and dragging the matter for such a long time then this Court may take serious view. Accordingly, this petition is disposed of with the aforesaid observation and direction. Mkc/ (Shivaji Pandey, J.)