IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7953 of 2006 BISHWANATH SINGH S/o Late Chandrashekhar Singh, Vill+ P.O Sisai, P.S.- Tarwara, Dist- Siwan. ------Petitioner Versus 1. THE STATE OF BIHAR through the Chief Secretary. 2. The Secretary, Bihar Road Construction Department, Patna. 3. The Deputy Secretary cum Chief Vigilance Officer, Bihar road Construction Department, Patna. -------- Respondents 6 19.1.2011 The petitioner was a Junior Engineer and was entrusted with certain road work. An inspection was conducted on 14.1.2000 by the Executive Engineer, pursuant to which the petitioner was put under suspension. A departmental proceeding was initiated. The petitioner superannuated on 31.3.2003. An order under Rule 43(b) of the Bihar of the Bihar Pension Rules was passed and ultimately in terms thereof an order with- holding 5% pension along with order with-holding any further payment during the period of suspension has been passed, which has been challenged before this Court on various grounds. In my view the petitioner should first prefer an appeal against the order. Learned counsel for the petitioner submits that as against an order in terms of Rule 43(b) there is no appeal provided. In my view, the submission is not correct. An order under rule 43(b) is like a punishment. The reason is simple. Once an employee superannuated the master and servant relationship comes to an end. Thus, he can neither be 2 suspended nor dismissed nor demoted nor reverted nor his remuneration reduced. The only thing that is left is the pension. Thus reduction in pension is nothing but a punishment in course of a disciplinary proceeding and that being so, in terms of rule 167 read with rule 172 of the Board Miscellaneous Rules, petitioner would be competent to prefer an appeal to the appropriate authority. Because of pendency of this writ petition in this Court, delay of several years has occasioned, the appellate authority, if the appeal is filed within four weeks from today, would condone the delay and entertain the appeal on merit and decide the same without being prejudiced in any manner by the order of this Court not entertaining the writ petition. With the aforesaid liberty, the writ petition is disposed of. Singh ( Navaniti Prasad Singh, J.)