IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8500 of 2011 Chandeshwari Prasad Yadav son of Mauzi Lal Yadav, resident of Radhanagar, Ward No. 13, P.S. Saharsa Town, District-Saharsa. .......Petitioner Versus 1. The State Of Bihar through Chief Secretary, Government of Bihar, Patna. 2. Principal Secretary, Road Construction Department, Bishwashraiya, Bhawan, Bailey Road, Patna. 3. Joint Secretary-cum-Additional Secretary, Road Construction Department Bishwashraiya Bhawan, Bailey Road, Patna. 4. Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Bishwashraiya Bhawan, Bailey Road, Patna. .........Respondents ----------- 03 20.10.2011 Petitioner was refused benefit of second A.C.P. earlier. The primary reason which emerges now, for non-grant was pendency of a proceeding and subsequently award of an order of punishment of withholding 100% pension of the petitioner in exercise of power under Rule 43-b of the Bihar Pension Rules. This stand has been taken by the respondents-State in the counter affidavit. Since then certain developments have taken place in the sense that the order of punishment of withholding 100% pension came to be quashed by this Court in C.W.J.C. No. 9020 of 2011 decided on 26.08.2011, which was filed by the petitioner. This development cannot be ignored now and is required to be re-considered by the competent authority now. If the punishment order vanishes, there is nothing which comes in the way of the petitioner claiming such benefit, if the stand of the State as indicated in the counter affidavit is held to be the only ground. 2 Writ is disposed of with a direction upon the Principal Secretary, Road Construction Department that on an application being filed by the petitioner with a copy of the order passed in C.W.J.C. No. 9020 of 2011, he will examine the matter afresh and take a decision with regard to grant of this benefit to the petitioner within a time frame of three months from filing of an application with a copy of this order. The writ application is disposed of with the above direction. Safik (Ajay Kumar Tripathi, J.)