IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.570 of 2006 DR.MANI LAL RASTOGI, aged about 62 years, son of late Purushottam Lal Rastogi, retired as Assistant Cattle Show Officer, resident of Rastogi Bhawan, Dr. B B Ghosh Lane, P S – Town thana, district – Muzaffarpur. Versus 1. THE STATE OF BIHAR. 2. The Secretary, Department of Animal Husbandry and Fisheries, Government of Bihar, New Secretariat, Patna. ----------- 04. 8.10.2010 A categorical statement is now being made by the counsel representing the Vigilance that though a preliminary enquiry was held against the petitioner with regard to D.A. case but no evidence as such has finally emerged and the Vigilance Department has made a recommendation for closure of the case. In other words, there was nothing subsisting against the petitioner. Since the pendency of the vigilance enquiry was the only thing which was coming in the way of claiming benefit of ACP, the writ application is disposed of with a direction upon the Secretary, Department of Animal Husbandry and Fisheries, Government of Bihar, Patna that in case the petitioner files an application with a copy of this order , his case will be re-examined in light of the things and rules governing such resolution. The Court expects an early decision in the matter preferably within a period of four months from the date petitioner moves the respondent. The writ application is disposed of with the above direction. rkp ( Ajay Kumar Tripathi, J.)