JYOTI SARAN, J.:–Heard Mr. Bindhyachal Singh, learned counsel appearing for the petitioner and Mr. Ajay Behari Sinha, learned Government Advocate No.8 for the State.

2. With the consent of the parties the writ petition has been heard with a view to its final disposal at the stage of admission itself.

3. The petitioner is aggrieved by the order bearing Memo No.10685 dated 4.8.2016 issued under the signature of the Under Secretary to the Government in the General Administration Department, whereby the petitioner has been visited with the punishment of deduction of 10% of his pension for a period of 10 years in exercise of powers vested under rule 139 of the Bihar Pension Rules, 1950 (hereinafter referred to as ‘the Pension Rules’).

4. The case in hand is a classic example of a mechanical discharge of statutory responsibility by the Disciplinary Authority/State Government completely lacking in application of mind.

5. The facts leading to the contest in hand, briefly stated is, that the petitioner was proceeded against for alleged act of misconduct under the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as ‘the Disciplinary Rules’)

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