1. Heard counsel for the parties.

2. This application is directed against the order as contained in Annexure-6 issued vide memo no. 398 dated 23.1.2002 whereby and whereunder the petitioner has been punished with curtailment of 10% of his pension.

3. It is submitted by learned counsel for the petitioner that a departmental proceeding was initiated against the petitioner some times in the year 1994 as a First Information Report was lodged against the petitioner alleging therein that he misappropriated government money by selling fertilizers. Petitioners thereafter was put under suspension vide order dated 24.11.1994 and thereafter the order of suspension was revoked on 17.3.98. During the pendency of the departmental enquiry, the petitioner superannuated w.e.f. 31.1.98 and thereafter a separate departmental proceeding in terms of Rule 43B of the Bihar Pension Rules (hereinafter referred to as the Rules) was initiated against the petitioner on 30th January, 1999 and the old proceeding was amended on 18.7.2000 and without serving the amended articles of charges and without giving an opportunity of being heard, the impugned order was issued. It is further submitted that a proce