IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11442 of 2009 Hari Lal Ram, son of Late Ram Sharan Ram, Resident of Mohalla Mithanpura, Indrapuri Colony, Road No.1, Post Office Ramna, Police Station Mithanpura, District Muzaffarpur (Retired Head Clerk-cum- Record Keeper, District Revenue Record Room, Muzaffarpur Collectorate) Versus 1. The State Of Bihar through the Principal Secretary, Revenue Department, Government of Bihar, Patna 2. The Divisional Commissioner, Tirhut Division, Muzaffarpur 3. The Collector-cum- District Magistrate, Muzaffarpur 4. The Sub-Divisional Officer (East), Muzaffarpur-cum- Enquiry Officer, Muzaffarpur 5. The Deputy Collector-in-Charge, Revenue and Judicial Record Room, Collectorate, Muzaffarpur-cum- Presenting Officer ----------- 02/ 04.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner superannuated while serving as Record Keeper in the record room at Muzaffarpur. A proceeding was initiated against him while he remained in service, but the same could not be finalized until his retirement and after his retirement the said proceeding was converted into a proceeding under Rule 43(b) of the Bihar Pension Rules (hereinafter referred to as the Rules). 3. By the impugned order, bearing Memo No. 519 dated 9.7.2009 as contained in Annexure-16 passed by the District Magistrate, Muzaffarpur the proceeding initiated against the petitioner and continued under Rule 43(b) of the Rules has been concluded imposing punishment of reduction of 25% gratuity and 10% pension. 4. Against the order passed by the District 2 Magistrate dated 9.7.2009, Annexure-16, petitioner has a remedy of appeal before the Divisional Commissioner, Tirhut Division, Muzaffarpur. 5. Let the petitioner file appeal against the order, bearing Memo No. 519 dated 9.7.2009, Annexure-16 before the Divisional Commissioner, Tirhut Division, Muzaffarpur, who should consider the same as early as possible, in any case within two months from the date of receipt of memo of appeal along with a certified copy of this order. 6. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)