IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.179 of 2004 In (CIVIL WRIT JURISDICTION CASE 2844/1999) 1. The State of Bihar through Chief Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Commissioner, Commercial Taxes Department-cum- Secretary-cum-Special Secretary, (Commercial Tax) Department, New Secretariat, Patna. …. Petitioners Versus Motilal Vidhyarthi, son of Sri Mahabir Rajak, R/o Biharsharif, District Nalanda, at present posted as Deputy Commissioner, Commercial Taxes Vigilance, Monitoring, Darbhanga Division, Darbhanga. …Respondent ------ For the Petitioners : A.C. to A.A.G.I For the Respondent: Mr. A.K. Singh, Sr. Advocate & Mr. Sanjay Pandey, Advocate ------ 11/ 11.11.2011 Heard learned counsel for the petitioner and learned counsel for respondent no.1. 2. This petition has been filed by the State of Bihar and its authorities for review of order dated 19.07.2004 passed in C.W.J.C. No. 2844 of 1999, the concluding portion of which is as follows :- “Since there is no proceeding in terms of Rule 43B of Bihar Pension Rules after superannuation of the petitioner, in my opinion, the petitioner cannot be proceeded against in the departmental proceeding so earlier initiated in terms of Rule 55 of the Rules. By efflux of time this application, thus, has become infructuous. It is accordingly dismissed. Learned counsel for the petitioner, however, seeks liberty to agitate the matter pertaining to his promotion and payment of consequential monetary benefits. The dismissal of this writ application, however, will not come in the way of the petitioner to agitate the matter for his notional promotion and payment of consequential benefits. 3. Considering the averments made by learned counsel 2 for the parties and the materials on record, this Court does not find any error apparent on the face of the records nor does it find any fresh material to take a different view. 4. Accordingly, this review petition is dismissed. MPS/ ( S. N. Hussain, J.)