IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2878 of 2009 RAM BABU Versus THE STATE OF BIHAR & ORS ----------- 2 03.03.2009 Heard counsel for the petitioner and counsel for the State. The grievance of the petitioner as with regard to an order of punishment dated 28th February, 2007 as sought to be assailed by him in this writ application is based on the ground that one of the two punishments recorded by the authority (State Government) is not inconsonance with the spirit of Rule 97(3) of the Bihar Service Code. Counsel in this context relies on the judgment of this Court in the case of Dinesh Prasad Vs State of Bihar & Ors. reported in 2006(4) PLJR 514. Counsel also points out that in terms of Rule 24(2) of Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 the petitioner has already filed a review application before the State Government through the Departmental Secretary which is still pending. This Court therefore, in the first instance would give leave to the petitioner to exhaust his alternative remedy, but at the same time would expect that the State Government would dispose of the review application of the petitioner by a reasoned order within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observations and directions this writ application is disposed of. Bibhash (Mihir Kumar Jha, J.) - 2 -