- (1.) Special leave granted.
(2.) On 1-2-1992 the appellant retired as Chief Engineer, Daltonganj, State of Bihar. On 5-3-1992 he was charged with defalcation along with other officers of the State Government against whom a criminal case was already pending.
(3.) On 22-2-1992 a show-cause notice was issued by the State government to the appellant under Rule 139 of the Bihar Pension Rules. It stated that a charge-sheet was enclosed to which the appellant's explanation was required within 15 days. It also stated, "The State Government is satisfied that the charges leveled because of irregularities to the extent of several lakhs of rupees is a reasonable cause for deduction from the pension payable to you. The State government proposes to deduct 50% (fifty per cent) of the approximate pension. "the charge-sheet which was enclosed alleged that while the appellant was functioning as Superintending Engineer at Daltonganj, an emergent indent for purchase of certain electrical material signed by the Executive Engineer had been countersigned by him. The indent did not mention any reason for the emergency. A physical verification after about one-and-a-half years of the purchase showed that the electrical material had not been utilized. It was clear from these facts that there was no emergent situation and false document had been prepared in connivance for the emergent indent. The charge-sheet concluded: "Thus, under a deep conspiracy, you had misused your post for a wrong emergent situation for purchase and countersigned it to cause financial loss to the Government and thus, you have been found guilty of it. "on 30-1-1994 the appellant replied. He stated that the criminal proceedings against him were still pending so that these proceedings were unlawful and deduction from his pension was not permissible. Apart from this, the appellant's liability had not been fixed or described in the charge-sheet.;