IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13572 of 2008 CHANDRIKA OJHA, SON OF LATE RAMLAL OJHA, RESIDENT OF VILLAGE PANCHMAHALA, P.O. SAHAJITPUR, DISTRICT CHAPRA (SARAN). Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, CHAPRA, (SARAN). 3. THE SUB-DIVISIONAL OFFICER, SADAR, CHAPRA. 4. THE ESTABLISHMENT DEPUTY COLLECTOR, SARAN COLLECTORATE CHAPRA. 5. THE BLOCK DEVELOPMENT OFFICER, REVELGANJ, CHAPRA. 6. THE DIRECTOR, ACCOUNT ADMINISTRATION AND SELF EMPLOYMENT DISTRICT RURAL DEVELOPMENT AGENCY, SARAN CUM CONDUCTING OFFICER. For the petitioner : M/s Gyan Prakash, Sharwan Kumar, Advocates. For the State : AAG-11. ----------- 03. 21.06.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the punishment order bearing no.246 Memo No.1295 dated 8.9.2005, Annexure-13 whereunder his pension has been reduced by 25% with further direction not to receive full salary beyond subsistence allowance for the suspension period between 6.7.1984-7.6.1994. 3. It is submitted on behalf of the petitioner that the aforesaid order has been passed without serving the enquiry report and second show cause notice on the petitioner. Aforesaid point can be better 2 appreciated if petitioner avails the remedy of appeal against the said order, as provided in terms of the provisions of Civil Services (Classification, Control and Appeal) Rules, 2005. 4. Let petitioner avail the remedy of appeal against the impugned order dated 8.9.2005, Annexure- 13 before the appellate authority i.e. the Divisional Commissioner, Saran at Chapra. The appellate authority should dispose of the appeal, as early as possible, in any case within three months from the date of its receipt. Any limitation which may have crept in filing the appeal be condoned as petitioner was availing the remedy of writ petition. 5. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)