Ashok Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13488 of 2010 ====================================================== Ashok Kumar .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. P.K. Verma, A.A.G. No. 3 Ms. Divya Verma, AC to A.A.G. No. 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-04-2017 On call, none appeared on behalf of petitioner either to press the petition or to make a prayer for adjournment . Learned AC to A.A.G. No. 3 submits that the writ petition is fit to be rejected since the departmental proceeding has been assailed by the petitioner on the ground that after retirement under Rule 43(b) of the Bihar Pension Rules, no proceeding was required to be initiated. However, she submits that in view of Rule 43(b) (a)(ii) the period of limitation is four years. The petitioner retired in the year 2008 and before expiry of four years departmental proceeding was already initiated.

Be that as it may , since none appeared on behalf of the petitioner, the writ petition stands dismissed due to non - prosecution .

(Rakesh Kumar, J) Praful/- U