IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11671 of 2009 ARJUN PRASAD AGED ABOUT 61 YEARS, SON OF LATE SHEO PRASAD, RESIDENT OF GEETARJUN BHAVAN, PATEL CHOWK, VIJAY NAGAR,RUKUNPURA, P.S. – RUPASPUR, DISTRICT – PATNA. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THE SECRETARY,CO-OPERATIVE DEPARTMENT HAVING HIS OFFICE AT VIKAS BHAVAN, POLICE STATION – SACHIVALAYA, DISTRICT-PATNA. 2. THE REGISTRAR, CO-OPERATIVE DEPARTMENT HAVING HIS OFFICE AT VIKAS BHAVAN, POLICE STATION – SACHIVALAYA, DISTRICT – PATNA. ... ... RESPONDENTS. ----------- 2. 8.9.2009. Petitioner, who superannuated while serving as Cooperative Extension Officer, is aggrieved by the order passed by the Registrar Cooperative Societies bearing Memo No.2799 dated 5.7.2005 where under he has been punished after conclusion of the departmental proceeding imposing minor punishment against which he filed an appeal which was disposed of under order dated 11.4.2008 (Annexure-2) reducing the punishment further with direction that he shall be entitled only to extent of 90% salary for the period of suspension and the order bears Memo No.1807 dated 6.5.2008 contained in Annexure-2 to this application. The two orders have been assailed in the writ petition on the ground that the punishment - 2 - order has been passed in consideration of the enquiry report which was never served on the petitioner such fact is evident from paragraph-6 of the appellate order itself dated 6.5.2008 (Annexure-2). In the circumstances, I set aside both the punishment order dated 5.7.2005 and the appellate order dated 6.5.2008 (Annexures 1 and 2) with direction to the Disciplinary Authority to ensure service of the enquiry report and second show cause notice on the petitioner. In the light of the provisions contained in Rule-43(B) of the Bihar Pension Rules punishment of recovery can be imposed on the delinquent only in the event Government has suffered pecuniary loss on account of the misconduct of the delinquent. It is submitted on behalf of the petitioner that no pecuniary loss has been caused to the Government on account of misconduct of the petitioner. While considering the punishment, which is to be imposed on the petitioner, the Disciplinary Authority is at liberty to impose major punishment but in accordance with law. - 3 - N.H./ This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)