IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4170 of 2005 Kapildeo Singh, s/o- Late Ram Hit Singh, r/o- village- Gobind Falkaha, P.S.- Kanti, in the district of Muzaffarpur. Versus 1. The State Of Bihar 2. The Commissioner and Secretary, Home (Jail) Department, Government of Bihar, Patna. 3. The Inspector General of Prisons, Bihar, Patna. 4. The Superintendent, Shahid Khudi Ram Bose Central Jail, Muzaffarpur. 5. The Superintendent, District Jail, Hajipur. For the petitioner : Mr. Brij Nandan Tiwary, Advocate. For the State : Mr. Pawan Choudhary, A.C. to G.A.-9 ----------- 7 11.07.2011 Heard learned counsel for the petitioner and the respondents. Petitioner is aggrieved by order bearing No. 215 dated 29.6.2002 (Annexure-6) whereby a decision has been taken to pay petitioner only 75 % of the subsistence allowance during the period he was placed under suspension. No other punishment has been inflicted. This order was passed on 29.6.2002 and the writ application was lodged in the Court after three years. Learned counsel for the petitioner submits that after his retirement, the aforesaid order could not have been passed. It is the admitted position that the petitioner was serving the respondents when the departmental proceeding was initiated. Learned counsel for the respondent, on the other hand, submits that no punishment has been inflicted on the petitioner. Since upon his superannuation, an order was 2 required to be passed with regard to period of suspension and having regard to the materials on record, it was resolved under the impugned order that the petitioner would be entitled to only 75 % of the subsistence allowance for the period he was kept under suspension. In my view, petitioner has not been able to make out a case invoking extraordinary jurisdiction of this Court. The application is dismissed. pkj ( Kishore K. Mandal, J)