IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3187 of 2006 CHANDRESHWAR PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr. Laxmi Narayan Das. For the State : SC 6 For the Accountant General: Mr. Binod Kumar Labh. ------- 02. 28.10.2010 Petitioner has already superannuated. There is a limited prayer now and limited challenge as well. Vide Anneuxre-8 salary and other allowances of the petitioner for the period of suspension i.e. 14.11.98 to 14.6.2000 was ordered to be withheld. Such an action was taken after retirement of the petitioner without show cause, without notice in this regard. Law being well settled in the case of Sri Mahabir Prasad vs. State of Bihar and others, 1988 PLJR 82 and Pramod Kumar vs. The Champaran Kshetriya Gramin Bank and others, 2003 (4) PLJR 68, in case of breach of procedure of Rule 97(3) of the Bihar Service Code the consequence will flow. The punishment to that extent stands quashed. Matter cannot be remitted back to the authorities since the petitioner has already retired. The writ application is allowed. rkp ( Ajay Kumar Tripathi, J.)