ORDER Amareshwar Sahay, J. 1. In this writ application the petitioner has prayed for the following relief:-- "(I) For quashing the orders issued vide Bihar State Electricity Boards letter No. 2051, dated 31.7.1999 (Annexure 5) communicating the Boards resolution No. 2050, dated 30.7.1999 wherein one increment of the petitioner was stopped with non-cumulative effect and censured with entry in his ACR for the year 1991-91 in view of the Audit report for the year 1991-92 which was communicated to the petitioner vide Boards letter No. 1314, dated 17.6.1995 asking for an explanation which was also submitted by the petitioner vide his letter dated 5.7.1995 but the aforesaid Boards resolution was taken and communicated to the petitioner without any further departmental proceeding and, opportunity of hearing just before two months of his date of retirement which was to commence with effect from 30.9.1999 in view of the repeated observations/dtrections by this Honble Court. (II) To quash the letter issued by the Bihar State Electricity Board vide letter No. 2857, dated 18.11.1999 (Annexure 9) communicating the Boards resolution No. 2856, dated 18.11.1999 in lieu of the aforesaid Boards resolution bearing No. 2050, dated 30.7.1999 (Annexure 5) with the expression that no increment being due after 1.8.1997 to the petitioner, 10% of the gratuity amount payable after retirement of the petitioner which occurred on 30.9.1999 may be deducted. The said increment was in fact due as stated by the respondent No. 6 vide his letter No. 3293, dated 16.10.1999 (Annexure 7). (III) For commanding upon the respondents for payment of the balance retiral dues as under :-- (a) Arrears of pension amount alongwith payment of the current pension amount on the new scale on the basis of pay revision w.e.f. 1.1.1996 i.e., Rs. 11,020,00 as fixed by the respondent No. 4 by his order dated 21.11.2000 (Annexure 11). (b) Gratuity amount without any deduction as proposed by the aforesaid order on the pay fixed vide the order issued by the respondent No. 6 dated 21.11.2000 (Annexure 11). (c) Leave encashment for the unavailed leave for 134 days. (d) Other legal dues as admissible to the petitioner. (e) Permissible interest on the aforesaid amount due alongwith cost for the deliberate delay caused by the respondents in making payment of the retiral dues. 2. (c) Leave encashment for the unavailed leave for 134 days. (d) Other legal dues as admissible to the petitioner. (e) Permissible interest on the aforesaid amount due alongwith cost for the deliberate delay caused by the respondents in making payment of the retiral dues. 2. The case of the petitioner is that he was the employee of Bihar State Electricity Board and the retired on 30.9.1999 working as Accountant under Urban Electric Supply Division No. II, Ranchi now under Jharkhand State Electricity Board. While he was in service he received a notice to show cause as to why a disciplinary proceeding be not initiated against him alongwith an audit report vide Annexure 1 stating therein that while he was posted at electric supply division, Jamui and was Incharge of Cashier, certain irregularities were done by him in maintenance of temporary cash advance accounts as mentioned in the audit report in violation of the Financial and Accounts Code and thereby he failed to discharge his duty properly which amounted to temporary embezzlement of Boards money. The petitioner submitted his reply denying the allegation against him by letter dated 8.7.1995. 3. The grievance of the petitioner is that by issue of Annexure-5 i.e., the resolution dated 30.7.1999 without even initiating a departmental proceeding against him, punishment has been imposed upon him for censure and stoppage of one increment with non-cumulative effect. The censure was to be entered to his ACR for the year 1991-92. Further grievance of the petitioner is that by issue of Annexure-9 dated 18.11.1999 the said order as contained in Annexure-5 was modified and it was ordered that in lieu of stoppage of one annual increment with non-cumulative effect his 10% gratuity will be deducted from his salary. 4. It is submitted on behalf of the petitioner that the petitioner submitted his representation dated 4.1.2000 before respondent No. 1 but no heed was paid to his representation and the order as contained in Annexure-9 was passed without giving any opportunity of hearing to the petitioner. 4. It is submitted on behalf of the petitioner that the petitioner submitted his representation dated 4.1.2000 before respondent No. 1 but no heed was paid to his representation and the order as contained in Annexure-9 was passed without giving any opportunity of hearing to the petitioner. It has been submitted by the learned counsel for the petitioner that the orders as contained in Annexure-9 was issued after the superannuation of the petitioner without initiating any departmental proceeding under Rule 43(b) of the Bihar Pension Rule and, therefore, in view of the decision in the case of Gopal Prasad v. State of Bihar and Ors., reported in 2000 (1) PLJR 169 , the same is absolutely bad in law. 5. The learned counsel for the respondents has submitted that in fact the original order as contained in Annexure-5 imposing minor punishment for stoppage of one annual increment and censure was passed before the petitioner superannuated, i.e., 30.7.1999. It was further submitted that for imposing minor punishment no departmental proceeding was required to be initiated. 6. In reply Co the statement made on behalf of the respondents, the learned counsel for the petitioner submitted that it is wrong to say that no departmental proceeding was required to be initiated for awarding major punishment. In this regard the learned counsel for the petitioner drew my attention to Annexure-6, i.e., the extract of the standing order of the Board. Clause 30 of the said standing order specifically envisages regarding disciplinary action against workman other than casual. It speaks that subject to the provisions of these standing orders, no orders of dismissal, stoppage of promotions or withholding of increment whether cumulative or otherwise, reduction of rank and other punishment shall be made against a workman unless the five stages mentioned in the standing order are followed. For ready reference Clause 30 of the standing order of the Board is quoted hereinbelow :-- "30. Disciplinary action against workman other than casual--Subject to the provisions of these standing orders, no orders of dismissal, stoppage of promotions or withholding of increment whether cumulative or otherwise, reduction of rank and other punishment mentioned above shall be made against a workman unless the following procedures is gone through by the appointing authority may, in its discretion, if it considers immediate suspension necessary, suspend a workman pending enquiry into the allegations made against him. However a convicted of an offence involving moral turpitude, can be removed from service only after going through the prescribed procedure. 1st Stage : (1) A workman shall be informed in writing of the alleged act or acts of misconduct by an officer not below the rank of an Assistant Engineer, under whom the workman is working for the time being. The workman will be called upon to explain the alleged acts of his misconduct within 7 days from the date of order. (2) If the authority mentioned in Sub-clause (1) considers that the explanation furnished by the workman is unsatisfactory or if no explanation is submitted within the time allowed or extended, he will forward the necessary papers and the explanation of the workman, if any, along with his own comments to the appointing authority or such other subordinate authority to whom the power to Inflict the punishments has been delegated along with documentary evidence, if any. 2nd Stage : On perusal of the explanation, if any, of the workman and the comments, if any, of the reporting officer and the documentary evidence, if any, if the competent authority considers that: (a) The alleged act of misconduct has not been proved he will vacate the orders of suspension if any and reinstate him or otherwise drop the charges and communicate his orders to the reporting authority and the workman concerned. (b) The explanation is, prima facie, unsatisfactory, he will frame a charge-sheet setting out the details of alleged misconduct and shall call upon the workman (who shall be supplied with a copy of the charge-sheet) to show against the cause, so framed against him within ten days of the date of service of the order provided that if competent authority decides to inflict a punishment of censure, warning or transfer without T.A. it will be necessary to draw charges as mentioned above. 3rd Stage : The competent authority shall proceed to enquire into the charges himself or appoint another officer to inquire into the charges and ask him to furnish a report by a specified date, which may extend by the competent authority for reasons to be recorded in writing. 4th Stage : The competent authority or the enquiring officer, as the case may be shall hold an enquiry after notifying the parties of the date, time and place of enquiry. 4th Stage : The competent authority or the enquiring officer, as the case may be shall hold an enquiry after notifying the parties of the date, time and place of enquiry. The parties shall be given opportunity to lead evidence (both oral and documentary), to cross-examine witness and to tile written statement, if any. The parties may call such witnesses at their respective expenses as they may be permitted by the competent authority or the Enquiring Officer to do. In case permission is refused the competent authority or the Enquiring Officer shall record his reasons for refusal. The Enquiring Officer shall submits his report complete with all connected papers and along with his recommendations to the competent authority : Provided that the persons against whom the enquiry is held shall be given copies of the evidence both oral and documentary upon which reliance is proposed to be placed in support of the charge against him and that he shall also be allowed an opportunity if so required by him to take assistance from a member of the executive of the union of which that workman concerned happens be to a member during the course of the enquiry when evidence is led. 5th Stage : (a) The competent authority shall consider all the materials on record and the report of the enquiring officers and shall pass necessary orders : Provided that if the competent authority proposes to award a punishment of dismissal, discharge or reduction in rank, he shall serve the workman with a show cause notice together with a copy of the enquiring officers report as to why the proposed punishment should not be awarded to him. The workman shall submit his show cause reply within 10 days of the date of service of the order. On perusal of the aforesaid show cause reply of the workman, the competent authority shall his final orders. (b)(1) When a workman, who has been dismissed, removed or suspended, is reinstated the authority competent to order the reinstatement shall consider and make specific orders : (i) Regarding the pay and allowance to be paid to the workman for the period of his absence from duty; and (ii) whether or not the said period shall be treated as a period spent on duty. (2) Where such competent authority holds that the workman has been fully exonerated and therefore, his suspension was wholly unjustified, the workman shall be given the full pay to which he would have been entitled had he not been dismissed, removed or suspended, as the case may be together with any allowance, etc. Which he was in receipt prior to his dismissal, removal or suspension. (3) In other case, the workman shall be given such proportion of pay and allowance as the competent authority concerned may prescribe or order : Provided that the payment of allowances under Clause (2) or Clause (3) shall be subject to all other conditions under which such allowances are admissible. (4) In a case falling under Clause (2) the period of absence from duty shall be treated as a period spent on duty for all purposes. (5) In a case falling under Clause (3) the period of absence from duty shall not be treated as a period spent on duly, unless the competent authority specifically directs that it shall be so treated for any specified purposes. Note : (a) All records of the proceeding shall be in the form or order sheet showing (1) the date of the orders (2) text of orders (3) remarks showing inter alia, mode of service of the notice. (b) The proceeding shall be drawn up with following particulars at the top of first page of the order sheet-- (i) Name of the workman, rank, wage and length of the service. (ii) Details of the charges. (c) Defence.--If the workman can write, he should be permitted to submit his defence in writing duly signed by him which should form a part of the proceedings. In the case of workman being illiterate the competent authority or the Enquiry Officer, as the case may be, may himself record the defence and obtain thumb impression of the workman, (d) A workman who is placed under suspension shall during the period of suspension be paid subsistence allowance at the following rates, namely. This subsistence allowance for the first 90 days from the date of suspension shall be equal to one half of the basic wages, dearness allowance and other compensatory allowances to which a workman would have entitled if he was on leave with wages. This subsistence allowance for the first 90 days from the date of suspension shall be equal to one half of the basic wages, dearness allowance and other compensatory allowances to which a workman would have entitled if he was on leave with wages. If the departmental enquiry gets prolonged and the workman continues to be under suspension for a period exceeding 90 days, the subsistence allowance shall for such period be equal to three fourth of such basic wages, dearness allowance and other compensatory allowances : Provided that where such enquiry is prolonged beyond the period of 90 days for reasons directly attributable to the workman, the subsistence allowance shall for the period exceeding 90 days, be reduced to one-fourth of such basic wages, dearness allowance and other compensatory allowances. If the enquiry is not completed within a period of six months for no fault on the part of the workman then he shall be released from suspension. (e) A receipt shall be granted to a workman for any communication in writing submitted by him." 7. From a bare perusal of the provisions of the Standing Order, quoted above, it is clear that the punishment imposed upon the petitioner could not have been passed without initiating a departmental enquiry against him. Initiation of departmental enquiry was must in the facts and circumstances of the case. 8. Considering the respective sub missions made on behalf of the counsel for the parties, I am of the view that the order as contained in Annexure-5 which was is sued without initiating a departmental proceeding against the petitioner was against the provisions of the standing order of the Board itself and consequently, the order as contained in Annexure-9 modifying the earlier order as contained in Annexure-5 regarding reduction of 10% from the gratuity payable to the petitioner are absolutely illegal and bad in law. Accordingly, this application is allowed. The orders as contained in Annexure-5 as well as Annexure-9 to the writ application are hereby quashed.