JUDGMENT

MAJMUDAR, J.:—Leave granted.

2. By consent of learned Advocates of parties, the appeal was heard finally and is being decided by this judgment. The appellant, State of Bihar and its Officers, have brought in challenge the order passed by a Division Bench of the Patna High Court allowing writ petition filed by the respondent herein. In the said writ petition, the respondent had challenged initiation of fresh departmental proceedings against him by issuing a notice dated 17-7-1993 and also a show cause notice dated 27-9-93 calling upon the respondent to show cause as to why action should not be taken against him under Rule 139 of the Bihar Pension Rules (hereinafter referred to as the Rules) for withholding of 70 per cent of pension. He also challenged the final order dated 13-12-1993 passed in exercise of power under Rule 139(a) and (b) of the Rules to withhold 70 per cent of pension. All these challenges were upheld by the High Court. That is how these appellants are before us.

3. A few relevant facts leading to this appeal may be noticed. At the relevant time in 1986-87 the respondent was working in the Irrigation department of the appellant State. It was alleged that the r