IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5138 of 2005 MITHILESH KUMAR S/O SRO PROF. SHEO NANDAN PRASAD R/O OF EAST ASHOK NAGAR, ROAD NO.14A, PS-KANKARBAGH DISTT- PATNA------------- PETITIONER Versus 1. THE STATE OF BIHAR 2. SECRETARY, DEPARTMENT OF WATER RESOURCES(IRRIGATION) GOVT. OF BIHAR,PATNA 3. JOINT SECRETARY, DEPARTMENT OF WATER RESOURCES (IRRIGATION), GOVT. OF BIHAR,PATNA 4. DIRECTOR PROVIDENT FIND, BIHAR,PATNA 5. ACCOUNTANT GENERAL, BIHAR------------RESPONDENTS ----------- 3 12.2.2009 Heard learned counsel for the parties. I.A. No. 927 of 2009 which has now challenged the order of punishment dated 23.5.2001 is hereby rejected on the ground that the same is belated and an afterthought because when he initially filed the writ application he had not made any grievance whatsoever in this regard. In fact, he had accepted the order of punishment which would be evident from the prayer made in the main writ application. Petitioner approached this High Court in the year, 2005 because his so called 50% withheld pension had not been paid to him. Two kinds of punishments came to be awarded to the petitioner in the year 2001 for over stay in service from 1.5.1999 to 31.10.1999. One was recovery of a sum of Rs. 1, 12, 251/- from the gratuity amount of the petitioner and the other was withholding of 50% of pension for five years i.e. from 30.4.1999 i.e. the actual date of retirement. Keeping in mind the assertion of the petitioner this 50% of withheld pension has not been released so far to which the petitioner is legally entitled to. The respondents will have to - 2 - take step for release of the same. Petitioner fairly states that he is receiving full pension after expiry of five years. This writ application is disposed of with a direction upon the Accountant General that keeping in mind the order of punishment passed earlier, let authorization be made for release of 50% of pension which was withheld for the period of five years. The Court expects that authorization and payment would accrue in favour of the petitioner within three months from date of communication or production of a copy of this order This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)