IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13113 of 2002 Dr. Prabodh Jha, S/o Late Khakhnu Jha, Resident of Village Kataiya, P.S. Benipatti, Distt. Madhubani. -------- Petitioner Versus 1. The State of Bihar through the Commissioner-cum-Secretary, Dept. of Health, Medical Education and Family Planning, Government of Bihar, New Secretariat, Patna. 2. The Deputy Secretary-cum-Chief Vigilance Officer, Deptt. of Health, Medical Education and Family Planning, Government of Bihar, New Secretariat, Patna. 3. The Departmental Enquiry Commissioner, Deptt. of Administrative Reforms, Government of Bihar, Old Secretariat, Patna. 4. The Under Secretary, Department of Health, Medical Education and Family Planning, Government of Bihar, New Secretariat, Patna. -------- Respondents ----------- 4 21.07.2010 Heard learned counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ application reads as follows:- 1(a) A writ of Mandamus or any other appropriate writ or Order or Direction be issued commanding the Respondent authorities to pay to the Petitioner the due subsistence allowance which has not been paid to him after May, 2002. (b) An appropriate writ order or direction be issued commanding the Respondent authorities not to discontinue the payment of subsistence allowance to the Petitioner during the period of his suspension.” Before learned counsel for the 2 petitioner would proceed to make his submission with regard to the aforesaid prayer, learned counsel for the State, by filing a counter affidavit, has taken a plea that the grievance of the petitioner as with regard to the impugned order has been redressed and earlier order of punishment of dismissal from service has been sought to be reduced by withholding all three increments with cumulative effect as also no payment of salary beyond subsistence allowance for the period of suspension. Learned counsel for the petitioner would submit that the order dated 13.7.2009 would give him a further cause of action and the petitioner would like to prefer a review petition in the form of memorials in terms of Rule 24(2) of the Bihar Government Servants (Classification, Control and Appeal) Rule, 2005. Recording the aforementioned submissions, this application is permitted to be withdrawn. Rsh (Mihir Kumar Jha, J.)