IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9415 of 2005 YUGAL KISHORE JHA son of late Ganpati Jha, resident of village Shivpuri, P.S. Jhanjharpur (R.S.Sibir), Disrrict- Madhubani. Versus 1.THE STATE OF BIHAR through the Agriculture Production Commissioner-cum-Secretary, Department of Agriculture, Bihar, Patna. 2.The Director, Agriculture Directorate, Bihar, Patna. 3.The Deputy Secretary to the Government, Agriculture Department, Bihar, Patna. 4.The Joint Agriculture Director, Darbhanga Division, Darbhanga. 5.The District Agriculture Officer, Madhubani. 6.The Block Development Officer, Lakhnaur Block, District Madhubani. ----------- 5 25/7/2009 Heard counsel for the petitioner and counsel for the State. Initially the petitioner in this writ application had assailed the order dated 5th February, 2003 by which certain punishment upon conclusion of the departmental proceeding, was inflicted on him by reverting to the post of Jan Sevak. This Court, having noticed that the petitioner was never appointed initially on the post of Jan Sevak and that his first appointment was against the post of Agriculture Inspector, had directed the State to explain as to how the petitioner could be reverted to a lower post on which he was never appointed. The Respondents have now filed a supplementary counter affidavit enclosing therein an order dated 13th July, 2009, whereby and whereunder, the said impugned order of reversion has been recalled and has been substituted by another punishment by lowering his pay scale as also stoppage of certain increment, as is 2 clear from the order itself. In view of the fact that this Court has found no infirmity in the departmental proceeding nor any such plea, in fact, has also been raised in the writ application, the modified order of punishment by order dated 13th July, 2009 is upheld. Consequently, the petitioner would be entitled to only such monetary benefit which becomes now payable to him in view of modified order dated 13th July, 2009. With the aforementioned observation this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)