IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7330 of 2009 YOGENDRA PD.SINGH, S/o- Late Matukdhari Singh, A/p- Retd. Executive Engineer, A/p- R/o- House no.1/10, Vivekanand Marg, North, S.K.Puri, P.S.- Sri Krishnapuri, Distt- Patna :---- Petitioner. Versus 1. THE STATE OF BIHAR through its Chief Secretary, Old Secretariat Bldg, Patna. 2. The Commissioner-cum-Principal Secretary to Govt. road construction Deptt., Vishveshriya Bhawan, Bailey Road, Patna. 3. The Deputy Secretary (Vigilance) RCD Govt. of Bihar, Vishwaraiy Bhawan, Bailey Road, Patna. 4. The Commissioner of Departmental enquiry, in the Deptt. of Personnel and Administrative Reforms, thatched Terament Near Old Sectt. Patna …… Respondents. ----------- 02. 02.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner superannuated as Executive Engineer with effect from 01.01.2009. Prior thereto he was placed under suspension under notification of the State Government dated 17.10.2006, Annexure-3. After superannuation the departmental proceeding initiated against him prior to his retirement has been converted into a proceeding under Rule 43 (b) of the Bihar Pension Rules in view of the resolution of the Government dated 25.02.2009, Annexure-8. 3. It is submitted on behalf of the petitioner that the Departmental Enquiry Commissioner has submitted his report and differing therewith the Government served second show-cause notice on the petitioner and petitioner has also submitted its reply but the matter is not being finalized and petitioner is denied pensionary dues. 4. Counsel for the State on the basis of telephonic instruction received from the Government submitted that having considered the second show-cause reply of the petitioner, Government has proposed punishment to reduce the pension of the petitioner by 50 per cent and the matter is pending with B.P.S.C. 5. Let the competent authority of the State Government consider the matter and pass appropriate orders in accordance with law as early as possible, in any case within a period of three months from - 2 - the date of receipt/production of a copy of this order and until such order is passed petitioner be paid 90 per cent of his pensionary dues as also the other retiral dues in the light of the Government instructions issued in this regard as early as possible, in any case within a period of three weeks from the date of receipt/production of a copy of this order. 6. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)