1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is aggrieved by the order of punishment dated 6.9.2004 bearing memo no. 687 at Annexure-9. The impugned order visits him with the punishment of stoppage of his entire pension and gratuity permanently under R. 43(b) of the Bihar Pension Rules and that nothing beyond subsistence allowance shall be payable for the period of suspension.

3. The petitioner, who was an Executive Engineer, was transferred on 30.6.1999 to the Irrigation Division Kataharatand, Camp Batia (Jamui) and was handed over charge as such on 24.7.1999. Earlier M/S Gammon India Ltd., a private firm was awarded and was executing the construction of a Masonry Dam over river Barnar near Batia. The company could not complete the work in time with both sides blaming each other. The contract was rescinded. The bank guarantee given by the company for 95.93 lacs lapsed. Money Suit No. 114 of 1997 was then filed by the Department in the Civil Court at Patna for recovery of the secured advance of Rs. 121.95 lacs. A settlement meeting led to the submission of a fresh bank guarantee by M/S Gammon India Ltd. of the value of Rs.