MIHIR KUMAR JHA, J.:–Heard learned counsel for the parties.

2. The petitioner in this writ application has assailed the order of punishment dated 14.1.2004 passed by the Collector of Jamui district as also the appellate order passed by the Divisional Commissioner dated 28.8.2006 and to that extent, it would be relevant to quote paragraph no.1, 2 & 3 of the writ application, which reads as follows:—

“1. That by this writ petition the petitioner prays for quashing of the order of the Divisional Commissioner dated 28.08.2006 communicated to the petitioner by Memo no: 2163 by which 75% of the pension has been withheld illegally though he gave a finding that the recovery can be made only after the petitioner is found guilty of alleged defalcation.

2. That petitioner also prays for quashing of the order of Collector contained in Memo No: 34 dated 14.01.2004 by which on the basis of illegal enquiry report directed the recover a sum of Rs. 3,52,018.98 from the petitioner with interest from the post of retirement benefits and has also denied the salary for alleged unauthorized absence.

3. That the petitioner also prays for direction upon the respondent to pay all the post retirement benefit as

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