AJAY KUMAR TRIPATHI, J.:–Petitioner is a retired Executive Engineer from Road Construction Department, who was last posted at Road Division No.1, Gaya. He is aggrieved because after his superannuation, in a proceeding initiated under Rule 43(b) of the Bihar Pension Rules, the respondent authorities have decided to withhold 10% of his pension for 5 years and then 5% pension for additional 5 years. This order is dated 20th March, 2008 and annexed as Annexure-1. Corresponding to the said order the Accountant General issued a letter contained in Annexure-2 dated 22/5/2008 reducing or withholding the pension of the petitioner in terms of the order of punishment.

2. Petitioner has appeared in person. His first thrust of the argument in relation to the order of punishment is that the basic requirement before withholding of pension under Rule 43(b) is that either the person should be convicted of a criminal charge by a court of law or held guilty of ‘grave misconduct’.

3. The word ‘grave misconduct’ has been used in the said rule and the sub-rule across the board. This rule has been interpreted N-number of times by many a decisions of this Court as to what amounts to ‘grave misconduct’. One

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