ORDER 1. IN THIS WRIT PETITION, IN SHORT AND SUBSTANCE, THE PETITIONER SEEKS FOR QUASHING OF THE RESOLUTIONS/ORDERS AT ANNEXURES P-5, P-6 AND P-7 DATED 8-121998,30-1-1999 AND 22-2-1999, RESPECTIVELY. THE SECOND RESPONDENT BOARD, WITH WHOM THE PETITIONER WAS WORKING, IN THE BOARD MEETING HELD ON 12-1-1999 PASSED RESOLUTION NO. 7333 TO WITHDRAW 50% OF THE TOTAL PENSION AND 100% OF THE GRATUITY IN TERMS OF RULE 43-B OF THE BIHAR PENSION RULES. VIDE RESOLUTION DATED 8-12-1998, THE PETITIONER WAS TREATED TO BE IN SERVICE OF THE BOARD TILL THE DATE OF SUPERANNUATION I.E. 28-2-1990; HE WAS ENTITLED TO RECEIVE ARREARS OF SALARY FOR THE PERIOD FROM 5-5-1987 TO 28-2-1990, AND HE WAS FOUND UNFIT FOR PROMOTION TO THE POST OF DEPUTY DIRECTOR. SUBSEQUENTLY, AFTER GIVING NOTICE TO THE PETITIONER UNDER RULE 43-B OF THE AFOREMENTIONED RULES THE BOARD PASSED A RESOLUTION DATED 12-1-1999, AS STATED ABOVE. 2. THE LEARNED COUNSEL FOR THE PETITIONER CONTENDED THAT ON AN EARLIER OCCASION AN ORDER OF COMPULSORY RETIREMENT OF THE PETITIONER FROM SERVICE WAS SET ASIDE ON THE ASSESSMENT OF HIS PERFORMANCE AND CONDUCT. IT WAS NOT OPEN TO THE RESPONDENT BOARD TO PASS AN ORDER INVOKING RULE 43-B, THAT TOO AFTER INORDINATE DELAY, AND HAVING PERMITTED THE PETITIONER TO RETIRE FROM SERVICE ATTAINING THE AGE OF SUPERANNUATION. HE ALSO CONTENDED THAT RULE 43-B DOES NOT AUTHORISE THE RESPONDENT BOARD TO WITHHOLD OR WITHDRAW GRATUITY PAYABLE TO THE PETITIONER. 3. IN OPPOSITION, THE LEARNED COUNSEL FOR THE RESPONDENT BOARD MADE SUBMISSIONS IN SUPPORT OF THE RESOLUTION UNDER WHICH 50% OF PENSION AND 100% OF THE GRATUITY WAS WITHDRAWN. HE MAINTAINED THAT UNDER RULE 43-B, IN VIEW OF THE FINDINGS RECORDED AGAINST THE PETITIONER IN THE DISCIPLINARY PROCEEDINGS THAT HE COMMITTED AN ACT OF GRAVE MISCONDUCT AND CAUSED FINANCIAL LOSS TO THE DEPARTMENT, SUCH AN ORDER COULD BE PASSED. 4. WE HAVE CONSIDERED THE RESPECTIVE SUBMISSIONS MADE BY THE LEARNED A COUNSEL FOR THE PARTIES. HAVING REGARD TO THE FINDING OF FACT RECORDED WITH REGARD TO MISCONDUCT OF THE PETITIONER IN THE DISCIPLINARY PROCEEDINGS, IT MAY NOT BE POSSIBLE FOR US TO DISTURB THAT FINDING. IF ONCE THAT FINDING STANDS UNDER RULE 43-B, THE BOARD IS ENTITLED TO WITHDRAW PART OF THE PENSION. 5. THE LEARNED COUNSEL POINTED OUT THAT AS PER THE BIHAR PENSION RULES, PENSION INCLUDES GRATUITY. IF ONCE THAT FINDING STANDS UNDER RULE 43-B, THE BOARD IS ENTITLED TO WITHDRAW PART OF THE PENSION. 5. THE LEARNED COUNSEL POINTED OUT THAT AS PER THE BIHAR PENSION RULES, PENSION INCLUDES GRATUITY. THE BOARD NEVER QUANTIFIED THE LOSS THAT WAS B CAUSED ON ACCOUNT OF THE MISCONDUCT OF THE PETITIONER. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE AND TAKING NOTE OF THE FACT THAT HE WAS PERMITTED TO RETIRE AFTER SUPERANNUATION, WE THINK IT JUST AND APPROPRIATE TO MODIFY THE RESOLUTION DATED 12-1-1999 SO AS TO ALLOW THE BOARD WITHDRAWAL OF 25% OF PENSION INCLUDING GRATUITY. THE RESOLUTION DATED 12-1-1999 STANDS MODIFIED IN THE ABOVE TERMS. 6. THE WRIT PETITION IS PARTLY ALLOWED TO THE EXTENT INDICATED ABOVE. NO COSTS.