IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15464 of 2004 MD.HABIBUL HAQUE Son of Late Syed Md. Nizamuddin, resident of Shibly Colony, New Karimganj West, Gaya Versus 1. THE STATE OF BIHAR 2. The Director, Secondary Education, Govt. of Bihar, Patna. 3. The Regional Dy. Director of Education, Magadh Division, Gaya. 4. District Education Officer, Jehanabad. 5. Accountant General Bihar, Patna. ----------- 17 17.02.2010 Heard counsel for the parties. The petitioner had filed the writ petition for payment of his pensionary benefits having retired from the post of Headmaster with effect from 31.7.2004. Admitted position is that during the pendency of the proceeding the entire admissible dues of the petitioner has since been paid to him. An amount of Rs. 46,649/- had been withheld from his gratuity amount by reason of some proceedings said to have been initiated against the petitioner. The said proceedings has ultimately culminated into an order of penalty passed vide memo No. 1870 dated 23.6.2006 which has been brought on record by way of Annexure-A of the counter affidavit of the respondent No.5 whereby a penalty of deduction of 5% pension has been passed against the petitioner. The petitioner - 2 - at the same time has been granted his salary for the entire suspension period. The gratuity amount of Rs. 46,649/- which had been withheld awaiting the decision in the disciplinary proceedings has also since been paid to the petitioner as communicated by the Treasury Officer vide letter dated 16.2.2010 to the State Counsel whereby it is stated that upon receiving the authorization from the Accountant General, necessary letter bearing No. 1050 dated 23.12.2009 has been issued to the State Bank of India, Jehanabad for onward payment to the petitioner. Having regard to the circumstances that the entire admissible dues of the petitioner has since been paid to him nothing survives in the present proceedings. The petitioner had filed an interlocutory application bearing I.A.No. 7002 of 2009 seeking permission of this Court to assail the validity of the order imposing penalty contained in memo No. 1870 dated 23.6.2006 passed by the Director, Secondary Education, Government of Bihar, Patna. As the grievance raised in the present writ petition was limited to the payment of the - 3 - retiral benefits only and the foundational facts leading to the passing of the order of penalty is not available, the same cannot be permitted to be agitated in the present proceedings. The petitioner, however, if so advised, may challenge the legality and validity of the order imposing penalty dated 23.6.2006 in an appropriate proceedings by filing an appropriate application. The writ petition is disposed of with the liberty aforesaid. Bibhash (Jyoti Saran, J. )