1. Heard learned counsel for the petitioners and the respondent-State.

2. Petitioner is aggrieved by the orders dated 30.12.2014 and 10.02.2015 issued by the State Government whereby 10% of pensionary benefits for five years and 5% of pensionary benefits for two years respectively have been directed to be withheld from the petitioner.

3. The short issue raised by the learned counsel for the petitioner is that Rule 139 of the Bihar Pension Rules does not permit exercise of such power on ground of alleged misconduct.

4. The petitioner has been issued show cause purporting to exercise power under Rule 139 on 13.09.2013 and 04.09.2014. Under both the said show cause notices, misconduct is alleged against the petitioner on different counts. The allegations in the show cause issued to the petitioner pertains to the year 2003 in the first instance and for the period between 1999 to 2010 in the second instance.

5. Earlier also charge memo on Prapatra Ka has been issued on 21.12.2011 in respect of the allegations pertaining to the period 1999 to 2010. However, no action was taken on the charge memo.

6. Subsequently, a show cause notice was again issued to the petitioner on 04.09.2014.