- (1.) HAVING heard learned counsel for the parties, delay in preferring this letters patent appeal is hereby condoned.
(2.) IN this letters patent appeal, the appellants have challenged the order of the learned Single Judge, setting aside the order of punishment dated 17.11.1999 to withhold one annual increment and for realization of penal rent from the market rate for unauthorized occupation of the quarter, on the ground that the said order was not passed by a competent authority. Learned counsel, appearing for the appellants, submits that the order was passed by the competent authority, namely, Secretary, Bihar State Electricity Board, Patna, and the learned Single Judge without notice to the Bihar State Electricity Board (appellant) came to the conclusion that the impugned order was passed by a person, who was not competent. He further submits that the impugned order was passed by the Secretary, Bihar State Electricity Board, Patna, and in support of the said plea, he has also produced Xerox copy of the file, which we have perused,
(3.) COUNSEL for the Bihar State Electricity Board, Patna, is also present in the Court. We have perused the file and perusal of the same shows that the impugned order, imposing penalty, was, in fact, passed by the Secretary, Bihar State Electricity Board, Patna, on 23.10.1999 and it was communicated by the Joint Secretary.;