IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27440 of 2010 DEVANAND UPADHAYAY SON OF LATE BARMESHWAR UPADHYAY, RESIDENT OF MOHALLA SPORT CLUB ROAD CHHATAUNI CHAWK, P.S. CHHATAUNI, DISTRICT MOTIHARI (EAST CHAMPARAN) …… PETITIONER Versus THE STATE OF BIHAR THROUGH CBI ----------- For the Petitioner : Mr. Md. Khurshid Alam, Advocate For the CBI : Mr. Bipin Kumar Sinha, Spl.P.P., CBI ------- 2. 26.11.2010 The petitioner has sought quashing of the order dated 1.7.2010 passed by the Special Judge, CBI, North Bihar, Patna in Special case No.8/97/RC case No.21(A) of 1997, by which he has refused to discharge the petitioner from the liability of the personal prosecution. The learned Counsel for the petitioner submits that even though the case was instituted in the year 1996 and the petitioner superannuated from service in the year 1998, charge sheet was submitted against him only in the year 2005. The further submission is that since Section 43(B)(D) of the Bihar Pension Rules speaks of bar of prosecution against a retired employee within four years of his retirement, the continuance of this proceeding is bad. The further submission is that the points raised by the petitioner were not considered by the court below. In my understanding the pension rules cannot govern the prevention of Corruption Act and the impugned order has considered the arguments of the petitioner as well. 2 In view of such, I find no merit in the application. The application is dismissed. Narendra/ ( Anjana Prakash, J. )