1. The case was earlier heard and show cause was filed on 3rd May, 1999. This Court taking into consideration the Judgment in question dated 8th August, 1995 passed in C.W.J.C. No. 9990 of 1993 observed that the subsequent order dated 24th December, 1996, prima facie, amounted to review of the judgment in question. The Secretary, Water Resources Department, Government of Bihar, Patna was asked to be present in the Court in person.

2. It is pertinent to mention here that the petitioner who was Chief Engineer superannuated from the post on 31.1.1993 and moved before this Court against that order dated 10th of November 1993 whereby and whereunder certain amount was ordered to be deducted from the pension of the petitioner. In the said case (C.W.J.C. No. 9990 of 1993) this Court held that the departmental proceeding under Rule 43 (b) of the Bihar Pension Rules (for brevity 'the Rules') was not maintainable in view of delay in issuance of charge-sheet in the proceedings it further held that the proceeding under Rule 139 of the said Rule was not maintainable. The incumbent was directed to issue sanction order in accordance with law.

3. It appears that the full pension was not release