Ajit Kumar, J.—Heard Mr. Binod Kumar, learned counsel for the petitioner and Ms. Namrata Singh, learned AC to GA-12 for the State.

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

“(i) For quashing of Order dated 04-05-2020 contained in Memo No. 421 issued under the signature of respondent Director Primary Education, Patna, Bihar by which entire amount of pension of the petitioner was forfeited under the proceeding of Rule 43(A) of Bihar Pension Rules, 1950.

(ii) For direction of respondents for payment of pension amount of the petitioner with arrears.

(iii) For any relief(s) for which the petitioner is found entitled in the facts and circumstances of the present case”.

3. The facts of the case, in brief, is that the petitioner was member of Bihar Subordinate Education Service and was posted as Block Education Officer, Dhanarua, District- Patna and while he was posted in the aforesaid Block, a complaint was filed against him for the allegation of demand of Rs. 5000/- as bribe for releasing salary of one Nand Kumar, Teacher of Middle School, Panditganj, District-Patna. Pursuant to the aforesaid complaint the Vigilance Team trapped the petitioner for demand of Rs. 5000/- on 26.10.2016 and registered Vigilance PS Case No. 113 of 2016 dated 26.10.2016.

4. It has next been submitted that thereafter in contemplation of initiating departmental enquiry, the petitioner was suspended and further, the petitioner was served with memo of charge dated 26.05.2017 as contained in letter no. 1460 issued under the signature of District Programme Officer, Patna and the petitioner submitted his categorical show-cause reply before the Inquiry Officer on 12.07.2017. The Inquiry Officer is said to have submitted his report before the Director, Primary Education Department, Patna vide letter no. 729 dated 15.07.2017 along with report of Presenting Officer as well as reply/defence of the delinquent officer. It has been submitted that during pendency of the departmental proceeding, the petitioner got superannuated on 30.11.2017.

5. It has next been submitted that after superannuation of the petitioner, the pending proceeding was converted under Rule 43(b) of Bihar Pension Rules, 1950 by the authority on 12.01.2018 vide letter 1466 dated 21.08.2019 issued under the signature of Director, Primary Education, Patna, Bihar. It has been submitted that from the memo of charges it would appear that the petitioner was departmentally proceeded for taking bribe of Rs. 5000/- under the provisions of Bihar Government Servant Conduct Rules, 1976 (for short ‘ Rules, 1976) but it appears from the record that the allegations of the kind related with taking bribe only falls under the provisions of ‘Rules, 1976’ and such conduct cannot be stretched to fall under the category of financial irregularities or in the category of gross corruption for which, proceeding under Rule 43(b) of Bihar Pension Rules, 1950, could have been resorted to by making due conversion of the same.

6. The authorities upon conclusion of the departmental inquiry, decided to forfeit the entire pension of the petitioner vide impugned letter dated 04-05-2020 as contained in Memo No. 421 issued under the signature of respondent Director Primary Education, Patna, Bihar.

7. The petitioner prior to passing of the impugned order dated 04.05.2020 as contained in Memo No. 421 issued under the signature of respondent Director, Primary Education, Patna, Bihar had filed a writ petition being CWJC No.22169 of 2019, for grant of pensionary benefits during the pendency of the departmental inquiry, which was finally heard, after the impugned order was passed and the petitioner was granted liberty vide order dated 08.07.2020 to challenge the decision of withholding of pension by filing an appropriate writ petition, and as such, the petitioner by way of the instant writ petition has challenged the order passed by the Respondent-authorities withholding/forfeiture of the entire pension.

8. Learned counsel fo