JUDGMENT :

P.B. BAJANTHRI, J.

In the instant L.P.A., appellant has assailed the order of the learned Single Judge dated 16.08.2018 passed in C.W.J.C. No. 14330 of 2010.

2. The appellant while working as a Junior Engineer was subjected to disciplinary proceeding in framing Article of charges on 28.05.2006, the appellant had submitted his explanation by denying the alleged charges. The disciplinary authority was not satisfied with the appellant's explanation and proceeded to appoint Inquiring and Presenting Officer. The Inquiring Officer submitted report on 06.02.2007, in which he has held that charges levelled against the appellant were proved. Based on the Inquiring Officer's report, disciplinary authority issued second show cause notice along with the Inquiring Officer's report on 08.03.2007. The appellant had submitted his explanation on the Inquiring Officer's report and second show cause notice on 08.04.2007. He has attained the age of superannuation and retired from service on 30.09.2007. Having regard to the fact that he has attained the age of superannuation and retired from service, pending departmental inquiry was converted under Rule 43(b) of Bihar Pension Rules on 25.03.200