( 1 ) THE State of Bihar has approached this court in appeal against the judgment of the division Bench of the Patna High Court by which an order of punishment inflicted upon the delinquent Government servant has been interfered with.

( 2 ) BE it stated that during the pendency of this appeal, a criminal prosecution has already been launched and the trial in the said case is still pending. An order of this Court was brought to our notice dated 5/02/1996 whereunder this Court thought it appropriate to keep the matter pending till the conclusion of the trial in the criminal proceeding. Though more than four years have elapsed since then, but as yet trial is not over. In that view of the matter, we do not think it appropriate to keep this appeal pending ad infinitum, particularly when a punishment in a criminal trial is based upon the principle of proving the guilt beyond reasonable doubt whereas a punishment in a disciplinary proceeding is dependent upon the principle of establishing the guilt by preponderance of probability. In this view of the matter, we see no justification for keeping this appeal pending in this Court until the trial is concluded which, we are told, is still pend