(1) SPECIAL leave granted.

(2) ON 1-2-1992 the appellant retired as Chief Engineer, Daltonganj, State of Bihar. On 5-3-1992 he was charged with defalcation along with other officers of the State Government against whom a criminal case was already pending.

(3) ON 22-2-1992 a show-cause notice was issued by the State Government to the appellant under Rule 139 of the Bihar Pension Rules. It stated that a charge-sheet was enclosed to which the appellants explanation was required within 15 days. It also stated,

"THE State Government is satisfied that the charges levelled because of irregularities to the extent of several lakhs of rupees is a reasonable cause for deduction from the pension payable to you. The State Government proposes to deduct 50% (fifty per cent) of the approximate pension."

The charge-sheet which was enclosed alleged that while the appellant was functioning as Superintending Engineer at Daltonganj, an emergent indent for purchase of certain electrical material signed by the Executive Engineer had been countersigned by him. The indent did not mention any reason for the emergency. A physical verification after about one-and-a-half years of the p