A.K.TRIPATHI, J.

1. Heard learned Counsel for the parties.

2. By virtue of the Order contained in Annexure-1 dated 13th July, 2004, the then Chairman of Bihar School Examination Board dismissed the Petitioner from service from a restrospective dated i.e. 26th September, 2001 .This is Order of punishment which has been passed against the Petitioner while exercising power under Rule 43(b) of Bihar Pension Rules.

3. Petitioner challenges this Order to be an illegal Order on the face of it because Rule 43(b) does not envisage imposition of punishment of dismissal being passed against an employee in the given background that the Petitioner had already superannuated in November, 2002. Under Rule43(b) the pension of the Petitioner could have been reduced or withheld but that too it could be done after following the ingredients of that rule. The order of punishment being alien to Rule 43(b) the order impugned is per say bad in law.

4. A short fact may be noted in the present case which has lead to passing of the present impugned Order. Petitioner was suspended initially in the year 2001 for deriliction of duty and violation of his part to perform his official duty by going on leave