JUDGMENT/ORDER :

Amreshwar Pratap Sahi, J.

Both the writ petitions have been heard together and are being disposed of by this common order.

2. The petitioner has been inflicted with a major punishment of compulsory retirement under the provisions contained in Rule 14 (9) of the Bihar Government Servants (Classification, Control & Appeal) Amendment Rules, 2007 from the date of receipt of the aforesaid notification.

3. The aforesaid punishment has been challenged by the petitioner in C.W.J.C. No. 6189 of 2017.

4. During the pendency of the aforesaid writ petition, an order was issued by the General Administration Department of the Government of Bihar contained in Memo No. 16963 dated 26.12.2018, whereby the representation preferred by the petitioner for re-fixation of his pension and gratuity without deducting pension at the rate of 1/3 has been rejected. The petitioner has, therefore, through C.W.J.C. No. 19237 of 2019 prayed for setting aside of the aforesaid order as also for a direction to the respondent authorities to fix the pension and gratuity at the rate of fifty percent of the last drawn salary instead of pension at the rate of 2/3, in as much as, no direction was issued by the Disciplinary Authority at the time of imposing the punishment of compulsory retirement from service or thereafter under Rule 46(A) of the Bihar Pension Rules, 1950.

5. There is a further prayer of the petitioner viz., to direct the period of suspension from 20.11.2014 to 17.01.2017 as period spent on duty for the purposes of granting retiral benefits and re-fixation/re-calculation of the pension and gratuity on the basis of the salary payable to him on the date of his retirement after notionally granting him payable increments during the period of suspension as well as for all other consequential benefits viz. arrears of difference of pension and gratuity, if the prayer is allowed.

6. The petitioner, who joined Bihar Subordinate Judicial Service as Munsif in the year 2002 was promoted to the post of Additional District & Sessions Judge and was posted in the judgeship of Munger on 22.08.2014. While the petitioner was posted as Sub Judge, IV, Bettiah, he had the occasion to decide a Title Suit viz. Title Suit No. 72 of 2010. One of the defendants in the aforesaid Title Suit made a complaint against the petitioner before the Inspecting Judge of West Champaran alleging lapses on the part of the petitioner in conducting the aforesaid Title Suit. The petitioner was asked for an explanation in the administrative side. Some other defendants of the aforesaid Title Suit No. 72 of 2010 also filed a complaint against the petitioner, which led to the summoning of the records of the aforesaid Title Suit.

7. On finding certain interpolations in the ordersheet of the records of Title Suit No. 72 of 2010, the matter was placed before the Standing Committee of the High Court, which resolved that a departmental proceedings be initiated against the petitioner and pending such departmental proceedings, the petitioner be placed under suspension with Headquarters at Motihari, East Champaran. An Hon'ble Judge of this Court was requested to act as an Enquiry Officer and to conclude the proceedings within two months. The Registrar (Vigilance) was asked to be the Presenting Officer in the aforesaid proceedings.

8. The petitioner was served with the charge that while functioning as Sub-Judge, IV, Bettiah during 02.06.2011 to 19.08.2014, he dealt with Title Suit No. 72 of 2010 in complete disregard of established practice and procedure, in as much as, the issues were framed twice: on one occasion on 01.04.2014 and later on 15.04.2014. The defendants were not given reasonable opportunity to produce evidence and the certified copies of the private exhibited documents also could not be supplied to the parties because it was not signed by him and that a 43 pages judgment was delivered on 28.04.2014 without fixing any date for passing judgment and when the aforesaid date was fixed for fu