Lalit Mohan Sharma, J.

1. On a difference of opinion between Mr. Justice H. L. Agrawal (as he then was) and Mr. Justice M. P. Varma, on one of the questions involved in the present writ application, the case has been referred to me. The petitioner retired from State service on 31-3-1979 as a Civil Assistant Surgeon. A disciplinary proceeding was started against him many years back and he was put under suspension, and was allowed to draw subsistence allowance under Rule 96 of the Bihar Service Code. The proceeding had a chequered history. After the petitioner, filed his show cause he was served with another show cause notice with reference to a second proceeding in regard to the same charges. On receipt of the enquiry report, the State Government by Annexure-22, found the petitioner guilty and imposed on him the punishment of "one censor, stoppage of three increments, his absence from duty for about a year and 10 months to be treated as break in service with consequential financial loss and four adverse entries in the service book". Thereafter another notice (Annexure-23) was served on the petitioner mentioning, besides the earlier allegations, a fresh charge and asking him