IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.7 of 2011 ANJANA SINHA, wife of Sunil Kumar, resident of Mohalla- Rahika Tola, Ward No. 12, Station Road, P.S.-Araria, District- Araria. …. Petitioner. Versus 1. THE STATE OF BIHAR through the Health Commissioner-cum-Secretary, Govt. of Bihar, Patna. 2. The Director-in-Chief, Health Services, Bihar, Patna. 3. The Civil Surgeon cum-Chief Medical Officer, Purnea. 4. The In-charge Medical Officer, Dhamdaha, District-Purnea. … Respondents. ----------- 2. 16.03.2011 Heard learned counsel for the petitioner and learned counsel for the State. Counsel for the petitioner would submit that when the order, in question, was passed on 24.9.2010 dismissing CWJC No. 11701 of 2003, seeking a relief of quashing the order of termination of service of the petitioner, this fact could not be brought to the notice of this Court that said prayer had already been become infructuous inasmuch as the petitioner under the order of the competent authority had stood reinstated in service by an order dated 21.9.2004 with a stipulation that a departmental proceeding would be conducted against her. He would submit that such error had been crept because the counsel for the petitioner in CWJC No. 11701 of 2003 did not appear and counsel for the State had also no such instruction. 2 This Court, on the basis of the materials brought on record in this civil review application, is satisfied that the writ application, in question, CWJC No. 11701 of 2003, in fact, had become infructuous as far as back on 21.9.2004 when her earlier order of termination of service dated 14.8.2003 had been withdrawn, consequently any order or pronouncement made by this Court in the order dated 24.9.2010 in CWJC No. 11701 of 2003 also must be held to have no effect inasmuch as the order impugned had itself lost its existence. That being so, the order of this Court dated 24.9.2010 passed in CWJC No. 11701 of 2003 is hereby recalled and CWJC No. 11701 of 2003 is dismissed as having become infructuous. It is made clear that the departmental proceeding initiated against the petitioner shall be decided on its own merits without being prejudiced by this order or earlier order passed by this Court. With the aforementioned observation and direction, this civil review application is disposed of. Kanchan (Mihir Kumar Jha, J.)