IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1933 of 1996 SUMESHWAR SHUKLA Versus STATE OF BIHAR & ORS ----------- 9 5.10.2010 Heard learned counsel for the parties. The Court is not willing to reopen the issue now on the question of the employee not being given an opportunity of show cause and hearing before being asked to superannuate on so called modified date of birth from the year 1940 to 1938 in the background that learned counsel for the petitioner accepts the position that the employee is dead and his wife is pursuing the matter now. Even if the question of natural justice is accepted on the face value no purpose will be served in remanding the matter or giving an opportunity to the present petitioner. The issue must rest now because even according to the dispute the difference is about a year and year and half as to the date of superannuation which relates to the year 1995. This writ application is dismissed as it would amount to opening a stale and dead issue. RPS (Ajay Kumar Tripathi,J.)