ORDER 1. The case was earlier heard and show cause was filed on 3rd May, 1999. This Court taking into consideration the Judgment in question dated 8th August, 1995 passed in C.W.J.C. No. 9990 of 1993 observed that the subsequent order dated 24th December, 1996, prima facie, amounted to review of the judgment in question. The Secretary, Water Resources Department, Government of Bihar, Patna was asked to be present in the Court in person. 2. It is pertinent to mention here that the petitioner who was Chief Engineer superannuated from the post on 31.1.1993 and moved before this Court against that order dated 10th of November 1993 whereby and whereunder certain amount was ordered to be deducted from the pension of the petitioner. In the said case (C.W.J.C. No. 9990 of 1993) this Court held that the departmental proceeding under Rule 43 (b) of the Bihar Pension Rules (for brevity 'the Rules') was not maintainable in view of delay in issuance of charge-sheet in the proceedings it further held that the proceeding under Rule 139 of the said Rule was not maintainable. The incumbent was directed to issue sanction order in accordance with law. 3. It appears that the full pension was not released to the petitioner who moved before this Court by filing contempt application. During the pendency of the• case the aforesaid order was issued on 24th December, 1996 under Rule 139 of the Bihar Pension Rules. When the Secretary of the Department, Mrs. Radha Sinha, appeared before this Court and she tried to justify the order passed under Rule 139(b) of the Rules but this Court was not satisfied with the explanation she obtained time to file further affidavit. From the 3rd supplementary show cause filed on behalf of the Secretary of the Department, it appears that an F.I.R. was lodged against the petitioner on 8th December, 1996, while he was in service, giving rise to Vigilence P.S. Case No. 47 of 1986 (Special Case No. 26 of 1986) under sections 420, 469, 472, 489 and 120B of the Indian Penal Code read with various sections of Prevention of Corruption Act. During the Service period charge-sheet was submitted on 22nd February, 1992 and ultimately petitioner retired on 31st January, 1993. Supplementary Charge-sheet was followed in this case filed on 16th October, 1994. During the Service period charge-sheet was submitted on 22nd February, 1992 and ultimately petitioner retired on 31st January, 1993. Supplementary Charge-sheet was followed in this case filed on 16th October, 1994. The petitioner challenged the F.I.R. in C.W.J.C. No. 718 of 1992 which was initially quashed but the Court's order having set aside by the Supreme Court in S.L.P. No. 2737 of 1993 the Criminal proceeding, aforesaid revived. 4. The counsel for the opposite party no. 2 submitted that the charge .sheet having submitted in criminal case while the petitioner was in service the case of the petitioner falls within explanation (b) (i) given under Rule 43(b) of the Rules. Though the State Government may not proceed in a departmental proceeding under Rule 43(b) but can withhold fully or part of the pension in pursuance of the criminal proceeding in terms of the aforesaid explanation under Rule 43(b). It is submitted that till final order in this respect is passed after the decision of the criminal case State Government can withhold part of the pension in terms of the Govt. Circular. 5. From the submissions made and the affidavits I find that the order dated 24th December, 1996 was issued illegally, in contradiction to the order of this Court dated 8th August, 1995 passed in C.W.J.C. No. 9990 of 1993, so the same cannot be given effect, but, there was no willful intention of the opposite parties in issuance of the aforesaid order. However, I find that the State Government can withhold part of the pension till the final decision taken in the Criminal proceeding as charge-sheet was submitted in the criminal case while the petitioner was in service. However, in such case the State Government is liable to pay the rest of the pension amount, after withholdment part of the pension, in terms of the Government Circular, subject to the final decision in criminal proceeding. 6. It is expected that the rest of the pension shall be released in terms of the guideline of the government at an early date but not later than a period of two months from the date of receipt/production of a copy of this order. 7. The M.J.C. application stands disposed of with the aforesaid observation.