ORDER S.J. Mukhopadhaya, J. 1. Mr. Devendra Kumar, Electrical Superintending Engineer, Electrical Circle, Ranchi is present in the Court. He handed over two Account payee cheques, both dated 14th February, 2001: one for Rs. 1,05,352/-. and the other for Rs. 26,064/- respectively, Issued in the name of the petitioner to his senior counsel, Mr. Anil Kumar Sinha for onward transmission. 2. The following statements of fact placed before the Court showing payment made against one or other head: (1) G.P.F. Rs. 46,462/- (2) G.S.S. Rs. 25,966/- (3) Provisional pension (90%) with arrears, Rs. 26, 644/- (4) Leave Encashment Rs. 32. 724/- Grand total Rs. 1,3,1,796 3. He states that the provisional Gratuity amount is to be sanctioned and released from the Board Hqrs., at Patna. 4. The provisional pension has been paid as the petitioner was under suspension while in service and retried while undergoing suspension. 5. Admittedly, a departmental proceeding was initiated while petitioner was in service, vide Memo No. 2140, dated 26th May, 1998. It was not concluded till petitioner was in service, though the report was submitted by the Enquiry officer. 6. In the 2nd part of Paragraph 10 of counter-affidavit, the respondents while accepted that the Rule 43 (b) of the Bihar Pension Rules is not applicable in the case of the petitioner, it is not made clear ass to under which provision, the impugned order was passed on 7th August, 2000 withholding 2% of pension permanently. It is also not made clear as to why total Gratuity has been withheld, though no specific order, in this respect, has been issued. 7. The counsel for the Board submits that 2% of the pension has been permanently withheld in view of standing order and finding given in the enquiry report. 8. Having regard to the facts and circumstances of the case, the Respondents having failed to bring, on record, the guidelines under which 2% of pension has been permanently curtailed, I set aside Clause (i) of the order dated 7th August, 2000, so far as it relates to curtailment of 2% of pension. 9. However, I am not inclined to interfere with the rest of the part of the said order i.e. recovery of Rs. 4,000/- and salary for the period of suspension. 10. 9. However, I am not inclined to interfere with the rest of the part of the said order i.e. recovery of Rs. 4,000/- and salary for the period of suspension. 10. In the result, the respondents are directed to release and pay the rest part of the pension (10%) and full Gratuity in favour of petitioner within three months from the date of receipt/production of a copy of his order. 11. The Secretary, B.S. Electricity Board: concerned Officer of the Board; and Electrical Superintending Engineer, Ranchi circle, Ranchi will ensure compliance. 12. The writ petition stands disposed of with the aforesaid observations and directions. 13. Petition disposed of.