JUDGMENT : Mishra, J. In this writ application under Articles 226 and 227 of the Constitution of India the petitioner has prayed for quashing the ORDER :dated the 17th of May, 1993 issued by the Respondents Deputy Secretary, Water Resources (Irrigation) Department, Government of Bihar by which 20% of the pension of the petitioner is sought to be deducted permanently. The copy of the said ORDER :is made Annexure-1 to this writ application. Further prayer is for quashing of the ORDER :contained in Memo No. 2364 dated the 16th June. 1993 and the pension payment ORDER :dated 28th of September, 1993 issued by the Accountant General, Bihar copies of which are made Annexures-2 and 3 respectively to this writ application. 2. Shortly stated the case of the petitioner is that he has retired as Executive Engineer from the service of the Respondent State on 31st of January, 1991. While he was posted as Executive Engineer a letter was served upon him asking him to submit explanation with respect to the allegations made against him. Copy of the said letter is made Annexures-4 and 5 respectively. Pursuant thereto the petitioner has submitted show cause with respect to the allegations levelled against him. Copy of the show cause is made Annexure-6 to this writ application. After summitting his show cause the petitioner retired immediately thereafter. Accordingly after retirement the petitioner has been paid G.P.F., Leave Encashment and Group Insurance only. However, gratuity amount payable to the petitioner has not been released in his favour till the filing of the instant writ application. In course of argument, learned counsel for the petitioner however, submits, on instruction from his client, who is present in Court that the gratuity amount has been paid during the pendency of this writ application. It is stated that 90% of the pension has been sanctioned withholding only 10% due to the pendency of the alleged proceeding against the petitioner. The said 90% pension amount was being paid to the petitioner withholding only 10% as stated above. Subsequently a letter dated 2nd of April, 1992 enclosing the charge-sheet was issued to the petitioner after his retirement. Some of the charges were the same and similar which has been levelled earlier against which the petitioner has already submitted a show cause as has been stated above. Subsequently a letter dated 2nd of April, 1992 enclosing the charge-sheet was issued to the petitioner after his retirement. Some of the charges were the same and similar which has been levelled earlier against which the petitioner has already submitted a show cause as has been stated above. However, on receipt of the subsequent charge-sheet, the petitioner has also filed a show cause denying the allegations made therein which is apparent from the show cause filed by him, a copy of which is Annexure-8 to this writ application. Surprisingly after submission of the show cause the impugned ORDER :has been passed deducting 20% of the pension amount in terms of rule 139 of the Pension Rules. 3. In this case counter-affidavit has been filed on behalf of the State Respondents wherein, inter alia, it is stated that the charges levelled against the petitioner has been proved by the Flying Squad and on the basis of the report submitted by the said Flying Squad, the impugned ORDER :has been passed. It is further submitted that the impugned ORDER :has been passed after issuing show cause notice to the petitioner. It is true that the impugned ORDER :has been passed after issuing show cause notice but the fact remains that the so-called enquiry report submitted behind the back of the petitioner which has neither been served upon the petitioner nor any departmental proceeding has been initiated pursuant thereto by the respondent authority. The charges of misconduct must be enquired into in the departmental proceeding before inflicting such punishment. Admittedly, as stated above, no such departmental proceeding has been initiated on the basis of the alleged enquiry report against the petitioner and as such, the petitioner was not in a position to file an effective show cause before the respondent authority while passing the impugned ORDER :. That apart, Rule 139 of the Pension Rules envisages that the State authority is competent to forfeit the part or the whole of the pension amount provided the pension has been fixed initially by the Subordinate authority. In this case the pension has not been fixed by any of the competent authority and therefore, in my opinion, withholding of 20% of the pension by the State Government in terms of Rule 139 of the Rules is not in accordance with law. In this case the pension has not been fixed by any of the competent authority and therefore, in my opinion, withholding of 20% of the pension by the State Government in terms of Rule 139 of the Rules is not in accordance with law. It is also to be noticed that the non-supply of the enquiry report alleged to have been submitted by the Flying squad behind the back of the petitioner has completely prejudiced the case of the petitioner since the alleged report is the only basis of passing the impugned ORDER :against the petitioner. 4. After having heard learned counsel for the parties and going through the pleadings, filed on their behalf, the ORDER :dated the 17th of May, 1993 is hereby quashed and the respondent authorities are directed to issue sanction ORDER :with respect to the balance amount of pension within two weeks from the date of receipt/production of this ORDER :and forward the same to the Accountant General who will issue the authority slip within two weeks therefrom. Since the 20% of the pension amount has been illegally withheld, and the gratuity amount has been paid only after filing the instant writ application, the petitioner is entitled to the interest at the rate of 10% per annum on such amount from the date of retirement till the date of respective payment alongwith cost assessed at Rs. 1000/-. Both interest and cost shall be paid to the petitioner alongwith the principal amount within the time aforesaid. 5. This writ application is, accordingly, disposed of.