IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.4671 of 2010 1. THE BIHAR STATE ELECTRICITY BOARD THROUGH ITS SECRETARY, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 2. THE CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 3. THE SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 4. THE JOINT SECRETARY, BIHAR STATE ELECTRICITY BOARD, THROUGH ITS SECRETARY, VIDYUT BHAWAN, BAILEY ROAD, PATNA-1. Versus 1. THAKUR RABINDRA KUMAR, SON OF THAKUR JAGDISH CHANDRA RESIDEWNT OF QUARTER NO.B-II, BIHAR STATE ELECTRICITY BOARD COLONY, NEW PUNAICHAK, P.O. + P.S. SHASTRINAGAR, DISTRICT PATNA-800023. 2. SRI SWAPAN MUKHERJEE, SON OF NOT KNOWN TO THE PETITIONER, THE CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. ----------- 03. 05.01.2011 Having heard counsel for the petitioner and respondent no.1, the order dated 14.5.2008 passed in C.W.J.C. No.3307 of 2008, Annexure-1 is modified to the extent that two departmental proceeding referred to in the resolution of the Departmental Promotion Committee of the Board dated 30.7.2010 be conducted by the officer of the State Government heading the vigilance cell of the Bihar State Electricity Board and concluded, as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the Secretary of the Board. The proceedee be given opportunity to cross-examine the witnesses examined ex parte by the earlier Enquiry Officer, D.G., Vigilance. It is made clear that even after this 2 indulgence is granted to the proceedee he does not cooperate with the early conclusion of the proceeding, the officer heading the vigilance cell of the Board shall be at liberty to proceed ex parte. Arrears of subsistence allowance, if any due to the petitioner be also paid to him within the same time. Modification application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)