IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4152 of 2010 1. DAYANAND DAS S/O LATE BHIKH DAS R/O MOHALLA- MAHAVIR NAGAR, BPCL ROAD, P.S.- PHULWARISARIF, PATNA, SUPERANNUATED FROM OFFICIATING ASSISTANT DIRECTOR (SPECIAL EMPLOYMENT FOR PHYSICALLY HANDICAPPED), LABOUR RESOURCES DEPARTMENT, BIHAR, PATNA Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY LABOUR RESOURCES DEPARTMENT 2. THE PRINCIPAL SECRETARY LABOUR RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE JOINT SECRETARY LABOUR RESOURCES DEPARTMENT (EMPLOYMENT AND TRAINING), GOVT. OF BIHAR, PATNA 4. THE COMMISSIONER & SECRETARY LABOUR (EMPLOYMENT & TRAINING DEPTT.), GOVT. OF BIHAR, PATNA 5. THE DIRECTOR LABOUR RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 6. THE ACCOUNTANT GENERAL GOVT. OF BIHAR, PATNA 7. THE DISTT. ACCOUNT OFFICER BEGUSARAI 8. DISTRICT EMPLOYMENT OFFICER BEGUSARAI 9. TREASURY OFFICER SAMASTIPUR ----------- 02. 24.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 7.3.2007 by which 10% of his pension has been directed to be withheld in pursuance of a departmental proceedings with regard to allegations of the charge year 1999-2001. The petitioner is stated to have superannuated on 31.1.2004. The appeal preferred by the petitioner has been rejected on 17.3.2009 on grounds of non-maintainability. Learned counsel for the petitioner submits that the charge-sheet was dated 2.9.2005 and the charge period ended more than before four years from that date. Learned counsel for the State submits that 2 the petitioner should have appropriately preferred a review application. If the petitioner files such review application before the competent authority within a period of 30 days from today, this Court requires the same to be disposed off by a reasoned and speaking order in accordance with law, dealing with the contention of the petitioner that the punishment was not sustainable under 43 (b) of the Bihar Pension Rules as the memo of charge dated 2.9.2005 allegedly related to period in excess of four years from the date of the charge. It is expected that such proposed review application, if filed, within time indicated, shall disposed off in the aforesaid manner within a maximum period of two months from the date of receipt/production of a copy of this order. The application stands disposed. P.K. ( Navin Sinha, J.)