IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4143 of 2010 Gauri Shankar Giri Versus The State Of Bihar & Ors ----------- 2 01.07.2011 Heard Mr. Surendra Kumar Singh learned counsel for the petitioner and Mr. Saroj Kumar learned A.C. to A.A.G.11 for the State. The writ petition was filed by the petitioner seeking a direction to the respondent No.4 to place the respondent No.5 on suspension and for initiation of departmental proceeding for his alleged involvement in R.P.F. Case No.03 of 1988 instituted under the provisions of Section 3 of Railway Property Unlawful Possession Act. Learned counsel for the petitioner submits that even while the respondents have found the private respondent involved in the said case and who also was convicted in the criminal case and which relevant information the respondent No.5 had concealed from the official respondents but the order as contained in Annexure-D imposing punishment to the respondent No.5 bearing memo No. 761 dated 18.03.2010 is too lenient and is not in consonance with the charges set out against respondent No.5. Learned counsel for the State-respondents submits that the petitioner in the meanwhile had superannuated on 31.03.2010 and that the official respondents considering the fact and the charges, have made a recovery from his salary and allowances pertaining to the period 09.01.1988 to 19.01.1988 . Considering the circumstances that the respondent No.5 has 2 already superannuated and the respondents have also passed an order of punishment as contained in Annexure-D, this Court without going into the sufficiency of the punishment and/or locus of the petitioner to maintain the writ petition, disposes of the writ petition in the light of the order of punishment as contained in Annexure-D. Bibhash (Jyoti Saran, J.)