IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2826 of 2008 SMT. BACHCHI DEVI, WIFE OF LATE MUNINDRA KUMAR SINHA, RESIDENT OF CHHATRAPATI NIWAS, POSTAL PARK, P.S. KANKARBAGH, DISTRICT AND TOWN PATNA. ----- PETITIONER Versus 1. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, HOME (POLICE) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR GENERAL, POLICE, GOVERNMENT OF BIHAR, PATNA. 3. THE DEPUTY SECRETARY, HOME (POLICE) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. ----- RESPONDENTS ----------- 4 13.5.2011 The wife of Munindra Kumar Sinha is pursuing this writ application on behalf of her husband. The writ application has been filed challenging the order contained in Annexure-1, dated 9.10.2007 issued vide memo no. 9663 by which a departmental proceeding has been instituted against late Munindra Kumar Sinha for alleged misappropriation of government’s fund between the period 1994-95 to 2000-01. Munindra Kumar Sinha retired as an A.S.P. on 31.12.1996. He died on 21.2.2008. His wife was substituted vide order dated 30.3.2011 to pursue this writ application on his behalf. The main grievance of late Munindra Kumar Sinha is that Annexure-1 has been issued in complete violation of the proviso to rule 43B of the Bihar Pension Rules. Rule 43B reads as follows: (a) such departmental proceedings, if not instituted while the Government servant was on duty either before retirement or during respondent-employment; (i)…………………… (ii) shall be in respect of an event which took place not more than four years before the institution of such proceedings; 2 and (iii) ………………….. On perusal of the impugned order, it appears that the State Government has granted consent to proceed with the departmental proceeding under the misconception that the date of institution of the proceeding would be counted from the date of knowledge of the alleged offences. This question has been settled by a Division Bench in the case of Urmila Sharma @ Urmila Singh & Anr. Vs. State of Bihar [2010 (3) PLJR 845]. In the result, the order dated 9.10.2007 contained in Annexure-1 is quashed. This writ application is allowed. Sanjay ( Sheema Ali Khan, J.)