S.J. Mukhopadhaya, J. - (1.) The petitioner has challenged the order No. 2970 dated 15th June, 2001 issued by the Joint Secretary, Bihar State Electricity Board (B.S.E.B. for short), Patna communicated vide letter No. 365 dated 22nd June, 2001 by the Electrical Executive Engineer Transmission, Division Ranchi, whereby and whereunder, the respondents have issued penal order, withholding 5% of the pension permanently.
(2.) It appears that even after petitioner's retirement on 28th February, 1998, he having not vacated the Board's quarters, the impugned order dated 15th June, 2001 was issued after notice and hearing the petitioner, on the basis of evidence.
(3.) The main plea taken by petitioner is that as Rule 43(b) of the Bihar Pension Rules, 1950 relates to misconduct if committed during the service period so, the respondents have no jurisdiction to pass any order under Rule 43(b) for retention of quarters after his retirement.;