1. The petitioner superannuated from the service of the State Government long back on 31.7.1997, yet he has been kept deprived of the entire pensionary benefits till date. It appears that only three days before his retirement, a disciplinary proceeding was initiated against him, vide order dated 28.7.1997, and later the same was continued, vide order dated 26.8.1997, after revoking the order of his suspension. On account of pendency of the said proceeding, the petitioner has been kept deprived of his pensionary benefits.

2. This Court, on consideration of the relevant rules and various decisions of the Apex Court in the case of Sachchidanand Singh V/s. The State of Bihar, reported in 1993 (3) PLJR 513 : 2000(1) BLJ 125, held that where a Government servant is allowed to retire without the exercise of the power of retaining him in service under rules 73 to 75 of the Bihar Service Code, the power to continue the proceeding already initiated while in service can be exercised only in terms of proviso to rule 43(b) of the Bihar Pension Rules, 1950 (hereinafter referred to as the Rules) and not otherwise, which obviously means after conforming the conditions mentioned therein. Th