JUDGMENT

1. Heard learned counsel for the petitioner and learned counsel for the respondents through video conference.

2. The following reliefs as formulated by the petitioner have been claimed in the writ petition-

"(i) To issue a writ in the nature of Certiorari to quash the Notification contained in Memo No. 35 dated 13.01.2017 issued under the signature of the Deputy Secretary, Water Resources Department, Government of Bihar, Patna, respondent no. 4 whereby and whereunder 10% pension directed to be deducted for one year from the pension of the petitioner illegally and arbitrarily.

(ii) To issue a writ in the nature of Certiorari to quash the Notification contained in Memo No. 1771 dated 19.08.2016 issued under the signature of the Deputy Secretary, Water Resources Department, Government of Bihar, Patna, respondent no. 4 whereby and whereunder 10 % pension directed to be deducted for one year from the pension of the petitioner illegally and arbitrarily.

(iii) To issue a writ in the nature of Mandamus commanding the respondents to pay the full pension to the petitioner along with interest @ 9% per annum.

(iv) To issue writ or writs, direction or directions, order or orders for which the petitioner is entitled to in the facts and circumstances of this case.

(v) Cost and Compensation be awarded in favour of the petitioner and against the respondents".

3. The short facts of the case according to the petitioner are that he joined the service as Assistant Engineer in the Irrigation Department on 05.02.1979 and in due course, he discharged his duty as Superintending Engineer and thereafter as Executive Engineer, Gandak Area Development Agency (in short 'GADA). The work of construction of Nala within 'GADA division, Chapra was started in the financial year 2010-11 during the service period of the petitioner. On a complaint made in regard to the construction, the Flying-squad team inquired into the matter and submitted its report on 20.04.2012 in the office of the Principal Secretary, Water Resources Department, Government of Bihar, Patna. Soon thereafter, the petitioner superannuated from service on 30.11.2013. A proceeding under Rule 43B of the Bihar Pension Rules was initiated in terms of Memo No. 188 dated 20.01.2015. On receipt of charge-sheet, the petitioner submitted his reply. The Enquiry Officer in his report dated 28.08.2015 exonerated the petitioner of the charges levelled against him. However, differing with the findings of the Enquiry Officer, a second show cause notice was issued on 01.12.2015 to which the petitioner submitted his reply on 22.12.2015. The proceeding concluded with award of punishment of deducting 10% pension of the petitioner for one year. A representation to the Principal Secretary did not also find favour and it was held that the punishment awarded was justified.

4. Learned counsel for the petitioner submits that proceeding under Rule 43B of Bihar Pension Rules was barred by limitation. It is stated in para 4 of the supplementary affidavit on basis of the petitioner's memory that the work was completed in the month of December, 2010 whereas the proceeding was initiated on 20.01.2015, which was thus beyond four years of the event. It is further submitted that despite the Enquiry Officer having exonerated the petitioner, punishment has been awarded without meeting the reasons given in the enquiry report.

5. Learned counsel for the State appears and opposes the writ petition. As regards the question of limitation, it is submitted that as a matter of fact the proceeding under Rule 43 B was initiated well within time. It has clearly been stated in the enquiry report dated 28.08.2015 that the work in question was completed in the last quarter of the financial year 2010-11, and as such the proceeding under Rule 43B initiated on 20.01.2015 was well within four years thereof. It is next submitted that the petitioner was exonerated in the enquiry report by merely giving benefit of doubt to the petitioner. Accordingly