Aftab Alam, J.

1. The petitioner is a retired employee of the Bihar State Electricity Board. He has filed this writ petition challenging office order No. 3383, dated 10.7.2001 (Annexure-4). By that order the Board held and found that the petitioner, during his service tenure, was responsible for causing loss amounting to Rs. 1,80,026.25 and took the decision, in purported exercise of power under Rule 139 of the Bihar Pension Rules, to recover the amount of loss suffered by the Board from the gratuity and pension payable to him. Following the Boards decision the Finance Controller by communication dated 21.8.2001 (Annexure-4/A) informed the Electrical Executive Engineer, Jehanabad that Rs. 53,985.00 sanctioned as gratuity to the petitioner was fully adjusted against the amount recoverable from him and the balance of the Boards dues should be recovered by deducting half of his pension on a monthly basis.

2. The facts of the case are simple and brief. The petitioner retired from service as Assistant Store Keeper on 28.2.1995. When he was not paid his retiral dues even after more than a year of his retirement he came to this Court in CWJC No. 11668 of 1996. That writ petition w