This application was initially preferred by the petitioner for acceptance of his joining given on 8th September, 1997, the date on which he was released from custody and payment of subsistence allowance for the period from 19th April 94 to 8th September 97, as also arrears of salary from 8th September' 97 onwards.

2. During the pendency of the writ petition, the petitioner superannuated on 31st May, 2000. Thereafter, the Respondent-Superintending Engineer, P.H.E. Circle, Hazaribagh issued an Order No. 46 dated 17th October, 2000 punishing the petitioner with order to recover a sum of Rs. 1,49,747.83 p. from his pension, Gratuity and Leave Encashment and ordered that the petitioner will be entitled for subsistence allowance for the period of suspension, the said period will be counted towards pension etc. The aforesaid order of punishment dated 17th October, 2000 has been assailed by the petitioner by filing a petitioner for amendment.

3. As the case can be disposed of on short point, it is not necessary to discuss all the facts, claim and counter claim, except the relevant one.

4. The petitioner while posted as Senior Accounts Clerk in the Office of Executive Engineer. P.H.E. Di