SHIVA KIRTI SINGH, J.

Heard the parties.

2. By order dated 30.11.2010, learned Single Judge has noticed a submission advanced on behalf of the petitioner in this case and the issue arising on the basis of such submission was referred to Division Bench for authoritative pronouncement because no earlier precedent could be cited on the issue.

3. In simple words, the issue referred to the Division Bench is whether clause (a) (ii) of the proviso to Rule 43 (b) shall govern Rule 43 (a) of the Bihar Pension Rules or not.

4. As noticed above, there is no authoritative pronouncement on the issue and the decision has to rest upon reading of Rule 43 itself. For better appreciation of the issue, we

extract herein below Rule 43 of the Bihar Pension Rules (hereinafter referred to as ‘the Rules’).

43. (a) Future good conduct is an implied condition of every grant of pension. The Provincial Government reserve to themselves the right of withholding or withdrawing a pension or any part of it, if the pensioner is convicted of serious crime or be guilty of grave misconduct. The decision of the Provincial Government on any question of withholding or withdrawing the whole or any part of a pension under