JUDGMENT :

Deepak Roshan, J.

Heard learned counsel for the parties through V.C.

2. The instant writ application has been preferred by the petitioner praying for quashing the order dated 09.10.2015, whereby punishment was imposed under Rule 43(B) of Bihar Pension Rules and it was ordered that 10% of pension was to be withheld for a period of five years.

3. Mr. Saurabh Shekhar, learned counsel for the petitioner submits that while the petitioner was in service, a decision was taken to initiate a departmental proceeding against this petitioner vide order dated 08.11.2006 in connection with Mutation of CNT land to a non-tribal and a charge-sheet ¼Ái=&d½ was issued alleging therein as under:-

“(i) In village Hundru, Khata No. 312-3.53 Acre shows as Bakast Bhuinhari Land in the name of Birsa Pahaan in R.S.- Survey Khatian, also registered in his name in Register II,- for 6 Kattha of this land- Zamabandi was illegally allowed in the name of Non-tribal, vide Daakhil Khariz Case No. 589 R 27/86-87.

(ii) In village Hundru, Khata No. 316, different plots, Land shows in the name of Mahaliya Pahann in R.S. Survey Khatian, also registered in the name of Birsa Pahan in Register II- later on land was tr