S.J. Mukhopadhaya, J. - (1.) The petitioner while in the services of the State of Bihar was suspended on 2nd December, 1998 as communicated vide letter No. 442 dated 27th July, 1998. Subsequently a departmental proceeding was initiated vide memo No. 374, dated 10th March, 1998 by the State of Bihar. Altogether four charges were levelled against him. The petitioner submitted show cause reply before the Conducting Officer on 5th November, 1998 denied the charges and requested to exonerate him as there was no evidence and the proceeding was initiated on the basis of an anonymous letter. The Conducting Officer, submitted a report on 21st January, 1999 (Annexure 10/B), held the charges not proved and recommended the competent authority to exonerate the petitioner.
(2.) Subsequently no final order was passed in the departmental proceeding till petitioner retired on 30th June, 1999. After two years of retirement the respondent Deputy Secretary, Agriculture Department, Government of Bihar issued impugned letter No. 655 on 25th July, 2001 and asked the petitioner to show cause as to why 2% of his pension be not deducted.
(3.) In the aforesaid circumstances in the present case, the petitioner challenged the order of suspension; charge -sheet and show cause letter No. 665 dated 25th July, 2001 and prayed for direction on respondents to pay the total retiral benefits.;