Sanjeev Prakash Sharma, J. – The petitioner is a retired Executive Engineer, who superannuated on 31st August 2009. He challenges the order dated 19.10.2012, whereby 5% of his pension has been withheld for five years under Rule 43(b) of the Bihar Pension Rules on the basis of a departmental proceedings initiated under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules, 1930 (hereinafter to be referred as the “CCA Rules, 1930”).

2. The memorandum was issued to the petitioner on 10.08.2005 under extant CCA Rules, 1930 for conducting inquiry.

3. Five charges were levelled against him stating that the Chief Engineer, Tube-Well Wing, Patna reported in his letter no. 538 dated 16.06.2005 regarding irregularities while construction of Tube well at Nasibchak under Barbigha block of Munger district. Five charges were formulated which are as follows: –

Charge no.1 - In Loop 'A' 8 nos. and in Loop 'B' 7 nos. total being 15 nos. of outlets were found. Its quality was not as per specification. In Loop 'A' 4 nos. Alpha-Alpha Valves could not be opened. In Loop 'A', major leakage on two points and minor leakage on two points were found;

Charge no.2 - In Loop 'B; lying of sand b