Mridula Mishra, J.

1. Heard the counsel for the petitioner and Bihar State Electricity Board.

2. The petitioners case is that he retired on 31.7.1994 as the Deputy Director of Accounts from Barauni Thermal Power Station, Begusarai. After his retirement he was re-employed in service with effect from 7.2.1995 to 6.2.1996. During this period of re-employment no charge was levelled against him. Subsequently on 25.4.1996 a notice was issued to him whereby he was informed that a departmental proceeding has been initiated against him under Rule 43(b) of the Bihar Pension Rules. The memo of charges was served on him indicating that the proceeding has been initiated with respect to an event which took place in the month of March, 1992. Initiation of proceeding was challenged by the petitioner in CWJC No. 4940 of 1996. This writ application was allowed by order, dated 4.2.1998, and the departmental proceeding initiated u/s. 43(b) of the Bihar Pension Rules was quashed. In the last line of the order it was observed that "quashing of the departmental proceeding will not stand in the way of the authorities to proceed under sec. 139(a) of the Bihar Pension Rules". The Bihar State Electri