Purnendu Singh, J.—Heard Mr. Anand Kumar Singh, learned counsel appearing on behalf of the petitioner, Mr. Subhash Chandra Mishra, Mr. Madhukar Mishra, and Mr. Pawan Kumar Chaudhary, learned counsel appearing on behalf of the State and Mr. Binod Kumar Labh, learned counsel appearing on behalf of the Accountant General, Bihar.

2. The petitioner has filed the present writ petition for the following relief(s):—

1. (i) For quashing of part of the order dated 13.09.2018 contained in memo no.2057 issued by the Respondent no.5, by which he has directed to the Senior Treasury Officer, Bhagalpur for deduction Rs.8,50,000/- (Rs. eight lakhs fifty thousand) from the Gratuity amount of the petitioner (Annexure- 7).

(ii) For directing and commanding the respondents concerned to make arrear of payment as per the seventh pay commission.

(iii) For direction and commanding the respondents concerned to grant the benefit of third M.A.C.P. to the petitioner.

(iv) For direction and commanding the Respondent concerned to pay all the post retiral and consequential benefits for which petitioner is entitled as per the law established with Bank interest.”

3. The petitioner retired from the post of In-charge Headmaster from Shri Durga High School, Govindpur Pirpaiti, Bhagalpur on 31.01.2018. As a consequence of his retirement, the Accountant General, Patna, Bihar vide a letter no. 05/PEN131217057655/ 201711052407PO, dated 27.12.2017, issued P.P.O., which was also communicated to the Treasury Officer, Bhagalpur.

4. Records reveal that on the date of retirement of the petitioner, the senior most teacher of the School namely Dadan Singh was given charge of the School in presence of the other teachers (Annexure-2), and Dadan Singh received the charge and the documents which were handed over to him on the same date, to which he has put his receiving with signature. The documents which were handed over and received in writing by the In-charge Headmaster namely Dadan Singh on 31.01.2018 in presence of all the teachers and staff of the School are as follows:—

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1- lkjh lafpdk,a
2- lkjk HkaMkj.k iath
3- QuhZpj ;FkkfLFkfr miyCèk
4- dEI;wVj :e lkjs dlsaV lfgr
5- fo|ky; ds [kkrksa ds iklcqd psdcqd lfgr
6- lkjh pkfHk;k¡

The petitioner submitted his application for issuance of No Dues Certificate before the new In-charge Headmaster namely Dadan Singh, but the same was not issued to the petitioner immediately. After a lapse of nearly four months of the petitioner's retirement an F.I.R. being Pirpaiti P.S. Case No. 119 of 2018 dated 17.05.2018 was lodged for alleged irregularities and for not handing over the documents as mentioned in the application on 31.01.2018 (Annexure-2 servies) was lodged against the petitioner.

5. The F.I.R. dated 17.05.2018 has been brought on record by way of Annexure-B to the counter affidavit. The allegation relates to the alleged offence which has taken place on 31.01.2018 i.e. the date of retirement that the petitioner had taken away certain records relating to the School on the date of his retirement i.e. 31.01.2018 which was resisted allegedly by the informant. The Director, Secondary Education gave sanction to initiate departmental proceedings vide Memo No. 132, dated 14.01.2019 on the basis of allegation made in the F.I.R. and thereafter the petitioner was served with charge memo in accordance with Bihar C.C.A. Rules, 2005 as contained in Annexure-A to the counter affidavit. Even before the charge memo was issued in Form-K, the District Programme Officer (Establishment) had withheld a total amount of Rs. 8,50,000/ from the gratuity of the petitioner on 13.09.2018, vide Annexure-6. The petitioner is aggrieved by impugned action taken against him on the basis of the allegation made in the F.I.R. lodged against him.

6. Learned counsel appearing on behalf of the petitioner submits that the F.I.R. has been lodged by the In-charge Headmaster of the School after a delay of nearly four months from the date of retirement of the petitioner. He submi