1. Heard Counsel for the parties. The instant writ application was filed on 24.8.1993 challenging the initiation of a departmental proceeding against the petitioners after his superannuation. It is not in dispute that the petitioner over superannuated from service with effect from 31st January, 1993. After his superannuation ninety percent of the pension amount was provisionally released in his favour, but no payment was made to him by way of gratity. The departmental proceeding was initiated on 17th July, 1993 and that was challenged in the instant writ application. During the pendency of the writ position a show cause (Annexure-9) was issued on 27.9.1993 calling upon the petitioner to show cause why action be net taken against him under Rule 139 of the Bihar Pension Rules withholding seventy present of his pension. The same was challenged by amending the writ application. Thereafter on order dated 13.12.1993 (Annexure-11) was passed in exercise of power under Rules withholding seventy percent of the pension payable to the petitioner. The aforesaid order (Annexure-11) has also been challenged by an amendment of the writ petition.

2. At the hearing of the writ petition the orde