1. This writ petition has been filed for quashing the departmental proceeding said to have been initiated by letter no. 2424 dated 16.11.2000 marked Annexure-5 to the petition.

2. The case of the petitioner is that he superannuated from service on 31.1.97 and as the event with respect to which the charges relate had taken place four years earlier no proceeding for withholding pension etc. can be initiated in terms of the express bar contained in proviso to Rule 43(b) of the Bihar Pension Rules. In this regard a number of judgments were cited at the Bar. It must at the outset be clarified that by the aforesaid letter dated 16.11.2000 the petitioner was merely asked to appear before the concerned Superintending Engineer for inquiry, who had been appointed as Inquiry Officer on 22.8.2000 under memo no. 3202 of the Chief Engineer, Water Resources, Patna. As regards the charges it was submitted that two of three charges relate to period February 1996 whereas the third one relates to period after retirement. From the submission of the counsel it appears, prima facie, that the misconduct constituting the charge was continuing in nature the effect of which continued till date of su