Heard counsel for the parties.

The petitioner retired from the service of the Bihar State Electricity Board on 30th September, 1994 while functioning as Accounts Officer. His grievance is that his post retirement dues have been withhold for no reasons whatsoever. From the writ petition as well as the counter affidavit filed on behalf of the Board it appears that some irregularities were detected in the year 1981-82 with regard to the payments made for purchase of material at the Barauni Thermal Power Station where the petitioner was then posted. The case of the petitioner is that it was in fact he who brought this into the notice of the Vigilance Department but the case of the Board is that when the Vigilance Department took up investigation the petitioner also brought certain facts to the notice of the Vigilance Department. This however is not relevant. What is relevant is the fact that a first information report was lodged by the Vigilance Department in the year 1992 in which the petitioner was made one of the accused. The petitioner thereafter superannuated in the year 1994 as earlier noticed.

2. It was submitted that Rule 43 (b) of the Bihar Pension Rules has been adopted by