JUDGMENT :

Heard learned counsel for the parties through V.C.

2. The instant application was initially preferred by the petitioner for payment of full salary to the petitioner after deducting the suspension allowance along with interest.

During pendency of this writ application an order of punishment has been passed as contained in Memo No.2366 dt. 13.4.2010; whereby several punishments were imposed upon the petitioner. The petitioner filed an interlocutory application being I.A No.3667 of 2012 for challenging the aforesaid order dated 13.4.2010 by making amendment in the prayer portion of writ application. The said application was allowed vide order dated 07.01.13.

3. Mr. Krishna Murari, learned counsel for the petitioner submits that this petitioner retired from service on 31.01.2009 and admittedly; no departmental proceeding was initiated against him while he was in service.

He further submits that the charge sheet issued on 07.10.2009 under 43 (b) of Bihar Pension Rules is non-est in the eye of law, inasmuch as, the same is permissible subject to the limitation of four years from the date of occurrence and also it has to be initiated with the sanction of a competent authority, i.e.