Chandramauli Kumar Prasad and Ravi Ranjan JJ.

1. The State of Bihar and its functionaries, aggrieved by the order dated 14th September, 1999 passed in C.W.J.C. No. 7550 of 1998 allowing the writ application, setting aside the punishment of recovery of Rs. 2.55 lacs and withholding 25% of his pension have preferred this appeal under Clause 10 of the Letters Patent. Short facts, giving rise to the present appeal, are that the writ petitioner-respondent herein, hereinafter referred to as the writ petitioner was posted as Superintending Engineer, Irrigation Circle, Jamui, during the period April, 1988 to October, 1991. He was found prima facie guilty of irregularity in the original work of spill channel and faulty work done under Upper Kiul Reservoir Scheme during 1988-89. The aforesaid conclusion was arrived at on the basis of spot verification report and the inquiry report of the Flying Squad Wing of the Department. Accordingly, vide Resolution dated 28.6.1996, a departmental proceeding was initiated against him under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules, 1930. Writ petitioner superannuated from service on 30th of June, 1996. Notwithstandin