R.M.Prasad, J.

1. In this writ petition, petitioner is aggrieved on account of non-payment of the remaining 10% of his pension and full gratuity, though he retired from service long back on 31.1.1992.

2. From the counter-affidavit filed on behalf of Special Secretary and Deputy Secretary to the Government of Bihar in the Department of Personnel and Administrative Reforms (Respondent Nos. 2 & 3 respectively), it appears that a departmental proceeding was initiated against the petitioner and simultaneously criminal case was also instituted against him hearing Harijan P.S. Patna Case No. 55/85 under Secs. 419/420/ 468/465/477/120, I.P.C. The charge against the petitioner is that he was appointed on the basis of his being a Scheduled Caste person which later on inquiry was found that the did not belong to Scheduled Caste. However, the Government decided that till the disposal of-the criminal case, departmental proceeding be stayed. But later by virtue of order dated 16.9.1992 passed in C.W.J.C. No. 8898 of 1991 filed on behalf of the petitioner, proceeding against the petitioner was re-opened. However, nothing has been brought on record to show that departmental inquiry or crim