IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVIEW No 133 of 2008 GANGA PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2 01.07.2008 This review application, in my mind, is absolutely misconceived. Being aggrieved by the order in the writ proceedings, the review petitioner had filed a Letters Patent Appeal which was later withdrawn and now a review application has been filed. Mr Giri, learned Senior Counsel appearing in support of the review application submits that inspection (mistakenly referred to as vigilance raid in the writ order) was made behind the back of the petitioner, petitioner was suspended without being given any chance to offer any explanation and then pursuant to observation of this Court in the final writ order, petitioner is now being prosecuted without even the departmental proceedings holding him guilty or without even asking him to explain or issuing him any show cause in this regard. In my view, the submissions are wholly misconceived, for it is well settled law that before initiating departmental proceedings and/or suspending, no show cause is required to be given, before instituting prosecution, again no prior notice is to be given. These are matters which are to be dealt with by the authorities at due point of time. It is then submitted that this Court was misled by the State respondents in their counter affidavit 2 when they categorically stated about inspection and suspension though as a matter of fact both these events have taken place before orders were passed by this Court. It is not for this Court in these proceedings or even in the writ proceedings to decide about validity or legality of the actions taken by the departmental authorities. Those authorities have to conduct themselves as per their findings and if petitioner is aggrieved by their actions in this regard, he has such remedies available as may be advised but those challenges cannot be made in these review proceedings. This application is, thus, dismissed as meritless. M.E.H./ ( Navaniti Prasad Singh )