Vikramaditya Prasad, J. - (1.) HEARD both sides.
(2.) THIS writ has been filed for quashing annexure -3 whereby and whereunder the Inquiry Officer after concluding enquiry submitted his report to the Disciplinary Authority on 8.8.2001 and the disciplinary authority agreeing with the findings of the Inquiry Officer that the some charges had been proved decided to punish the petitioner and issued a second show cause upon the petitioner on 6.11.2001. This impugned order has been attacked on two grounds. The first ground of attack is that earlier when the petitioner moved this High Court in C.W.J.C. No. 1815 of 2001 for quashing the departmental proceeding a learned single Judge of this Court has directed as follows: - -"Accordingly, without going into the merit of this case, the respondent Bihar State Electricity Board is directed to conclude the departmental proceeding, if already concluded, within three months from the date of receipt/ production of a copy of this order and submit a report to the disciplinary authority, who will take a final decision on the basis of such report within three weeks thereafter, failing which the departmental proceeding initiated against the petitioner, shall stand automatically quashed." According to the petitioner this departmental proceeding automatically stood quashed because even though the enquiry report had been submitted on 8.8.01 but the final order should have been passed by the disciplinary authority in view of the aforesaid order of the High Court latest by 29.8.01 (within three weeks) was not passed by this time rather it was passed on 6.10.2001 and still this is not final order rather second show cause has been issued to the petitioner.
(3.) THE second ground of attack is that as the petitioner is posted within the jurisdiction of J.S.E.B. therefore the B.S.E.B. had no authority to pass any order against the petitioner, in view of a decision rendered by one of the Bench of this Court in Bilom Cases.;