IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5112 of 2008 Dhanju Sharma, son of Late Birbal Sharma, village Satbahini, PS Bishrampur, District Palamu, Jharkhand – Petitioner. Vs. 1) The State of Bihar, 2) The Director General of Police, Bihar, Patna. 3) Dy. Commandant General cum Dy. Inspector General of Police (Home Guard), Jharkhand Home Guards, Ranchi. 4) Dy. Inspector General of Police (Home Guards), Bihar, Patna. 5) Supdt. Of Police, Rohtas. 6) Divisional Commandant, Jharkhand Home Guards, Ranchi. 7) Sergeant Major, Police Line, Bihri, Rohtas. 8) The State of Jharkhand – Respondents. … 3. 29.4.2011 In view of letter, dated 23.8.1963 issued by Government of Bihar, learned counsel for the petitioner submits that he may be given leave to move the departmental authority for review of the final decision in the departmental proceeding. Counsel for the petitioner relies on clause (7) of that letter which states as follows : “(7) If the criminal court acquits the accused Government servant who has earlier been punished in departmental proceedings, the appointing authority must immediately review the case. Two considerations will be relevant. First, the departmental and legal proceeding may not have covered the same ground, so that the court’s findings may leave untouched the decisions arrived at in the departmental proceedings. Second, while the court may have held that there was no offence, the appointing authority may decide that the accused Government servant was guilty of departmental misdemeanor and has not behaved in a manner expected of him as a Government servant. In such circumstances a Government servant held not guilty by the court may still be dismissed from service.” In view of the said letter which if not overruled by any other Government letter or notification, the concerned authority may consider the petitioner’s review application if filed 2 within a period of six weeks. This writ petition is disposed of accordingly. haque ( Sheema Ali Khan, J.)