IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.599 of 2004 In Civil Writ Jurisdiction Case No. 4929 of 2003 =================================================== Ranjit Singh, son of Late Rambyas Singh, retired Additional Secretary, Bihar State Electricity Board, Patna, presently residing at K.G. Road, Nawada, Ara, District-Bhojpur, Pin Code-802301 .... .... Appellant Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2. The Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Secretariat, Patna 3. The Additional Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 4. The Under Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 5. The Bihar State Electricity Board through its Secretary having its office at Vidhut Bhawan, Bailey Road, Patna .... .... Respondents Appearance :- For the appellant :-Mr. Chithranjan Sinha, Sr. Advocate For the State :- Mr. Sanjay Prakash Verma, A.C. to A.A.G.-3 For the Electricity Board :- Mr. Vinay Kirti Singh, Advocate 11 27-09-2011 The present appeal has been filed against the order dated 17.05.2004 passed in C.W.J.C. No. 4929 of 2003 whereby the learned Single Judge has dismissed the writ petition directing the authority to conduct a departmental proceeding against the petitioner in accordance with law. It has been further observed that if the petitioner fails to co-operate in the said proceeding, it will be open to the competent authority/enquiry officer to proceed against him ex-parte after 2 recording the reasons in accordance with law. The proceeding must at all events be concluded within four months from the date of submission of show- cause by the petitioner. The learned Sr. counsel appearing on behalf of the appellant has submitted that enquiry has already been concluded and ex-parte report has been submitted. But however, we do not want to delve into the merits of such report. Under the above circumstances, as the order of learned Single Judge has already come into force, we do not want to go into the merits of this case. However, liberty is granted to the appellant to agitate his right before the appropriate forum, if he is aggrieved by any such report or any order passed by the competent authority. It is submitted by learned Sr. counsel that 90% pension has already been sanctioned but it has not been paid to the appellant. In our opinion, if that be so, it would suffice if a direction is issued to the respondents to pay the arrears of salary including pension @ 90% within a period of three months. At the end, as per submission of the learned Sr. counsel appearing for the appellant a 3 direction is also given to the respondent authorities to complete the departmental proceedings in accordance with law within a period of three months from the date of receipt/production of a copy of this order if not already completed. With the above observation, the appeal stands disposed of. ASHWINI/- (T. Meena Kumari, J) (Vikash Jain, J)