IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9029 of 2008 MAHANAND MEHRA, son of Late Tilak Mehra resident of Mohalla- Mihijam, P. O. and P. S.- Mihijam, District Jamtara. State Jharkhand…. Petitioner. Versus 1. THE STATE OF BIHAR through Chief Secretary, Bihar, Old Secretariat, Patna. 2. The Commissioner and Principal Secretary, Finance (Commercial Taxes Department, Bihar Patna. 3. The Commissioner & Secretary, Commercial Taxes, Department, Jharkhand, Ranchi. .. Respondents. ----------- 2. 04.05.2010 No one appears for the petitioner. Counsel for the State of Jharkhand is present. The prayer in this writ petition reads as follows:- “(i) For quashing the order as contained in notification no. 366 dated 31.5.2005(Annexure-4). (ii) To sanction full pension. (iii) To sanction full amount of gratuity.” From the reading of the counter affidavit this much is clear that a departmental proceeding was initiated against the petitioner in which an order of punishment has been passed withholding 10 % of his pension as also denying him any payment of salary for the period of suspension and recovery of Rs.47,31,827/- for the loss caused to Government exchequer. In that view of the matter, this Court would not find that this case has remained one of retiral benefit 2 because unless the order of punishment is revoked, the petitioner cannot claim any further payment of retiral benefit as prayed in this writ petition. That being so, this writ petition in terms of averment made in the counter affidavit has become infructuous and is dismissed accordingly. However, it is made clear that the dismissal of this petition shall not stand as a bar in the way of petitioner to assail the order of punishment before appropriate forum. Kanchan (Mihir Kumar Jha, J.)