ORAL ORDER Heard learned counsels for the petitioners and the State. 2. Petitioners are aggrieved by the order dated 25th November, 2009 as contained in Annexure-8 whereby the direction was issued to the District Superintendent of Education, Jamui to initiate a proceeding against original writ petitioner now substituted by his legal representatives under the provisions of Rule 43(b) of the Bihar Pension Rules for securing the appointment as School Teacher in the year 1976 on basis of forged training certificate with further direction to conclude the proceedings within three months. Petitioners are further aggrieved by the charge-sheet served on the petitioner as per memo no. 185 dated 03.02.2011 as contained in Annexure-9 whereby proceeding was initiated on the charges of securing appointment on basis of forged training certificate. 3. It is submitted on behalf of the petitioner that the original-writ petitioner now substituted by his widow and two daughters was appointed as School Teacher alongwith others as per order dated 25th March, 1976 as contained in Annexure-1. The name of petitioner stands at sl. no. 16 of the said order. Petitioner (henceforth petitioner is being referred for original-writ petitioner) retired on attaining the age of superannuation on 31.10.2007. Petitioner was not being paid salary from some time in the year 2004 and as such agitated his grievances by filing writ petition vide CWJC No. 5040 of 2009 disposed of by order dated 21.04.2009 as contained in Annexure-6 directing the Principal Secretary, Department of Human Resources, Govt. of Bihar to enquire as to why without any departmental enquiry or any order of punishment the salary of the petitioner is not being paid and in case there are no order of punishment for withholding the salary, the salary be released that the duty discharged by him if not in dispute. The decision as per Annexure-8 was taken in pursuance to the aforesaid order of this Court. However, no proceeding was initiated as directed by the Principal Secretary to conclude the proceeding within three months. The charge-sheet was, however, served only on 3rd February, 2011 as contained in Annexure-9. The decision as per Annexure-8 was taken in pursuance to the aforesaid order of this Court. However, no proceeding was initiated as directed by the Principal Secretary to conclude the proceeding within three months. The charge-sheet was, however, served only on 3rd February, 2011 as contained in Annexure-9. it has been contended that initiation of the proceeding in light of Annexure-8 and service of charge-sheet pursuant thereto in terms of Annexure-9 both are absolutely illegally and contrary to the provisions of proviso to Rule 43(b) of the Bihar Pension Rule which manifests that proceeding if not initiated during the tenure of service, the proceeding however could be initiated with respect to the event which took place not more than four years before the date of institution of such proceeding. Since admittedly, the petitioner was appointed in the year 1976 as per Annexure-1, and as such, event if any for initiating the proceeding was only the date of appointment of petitioner which was 25th March, 1976. The proceeding initiated on 3rd of February, 2011 was completely beyond the purview of provisions for initiating the proceeding under section 43(b) of Bihar Pension Rule, and as such, the orders as contained in Annexure-8 & 9 both deserve to be quashed. 4. On the other hand, learned Assistant Counsel to Addl. Advocate General No. 4 appearing for the State submits that since petitioner obtained the appointment on basis of forged training certificate in the year 1976 and continued to serve on such appointment till the date of his superannuation on 31.10.2007, and as such, the event would be a continuing event right from the date of his appointment till the date of his superannuation. As such, the proceeding was initiated on 3rd February, 2011 that is well within the time indicated in the proviso to Rule 43(b) of the Bihar Pension Rule and it suffers from no illegality. Learned counsel however submits that after the service of charge-sheet no further progress in the said proceeding has taken place. The other submissions on behalf of the State is that the training certificate was forged has not been denied by the petitioner and it is well settled that if an appointment is obtained on basis of forged document, the incumbent is not entitled to salary. 5. The other submissions on behalf of the State is that the training certificate was forged has not been denied by the petitioner and it is well settled that if an appointment is obtained on basis of forged document, the incumbent is not entitled to salary. 5. Considering the submissions of the parties and their respective pleadings, the moot question is the initiation of proceeding under Rule 43(b) of the Bihar Pension Rule is in respect of an event which took place within a period of four years before the date of initiation of the proceeding. To appreciate the issue it would be appropriate to quote the provisions of Rule 43(b) of the Bihar Pension Rule : Rule 43(b) “The State Government further reserves to themselves the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period, and the right of ordering the recovery from a pension of the whole or part of any pecuniary loss caused to Government if the pensioner is found in departmental or judicial proceeding to have been guilty of grave misconduct; or to have caused pecuniary loss to Government by misconduct or negligence, during his service including service rendered on re-employment after retirement: Provided that – (a) such departmental proceedings, if not instituted while the Government servant was on duty either before retirement or during re-employment; (i) shall not be instituted save with the sanction of the State Government; (ii) shall be in respect of an event which took place not more than four years before the institution of such proceedings; and (iii) shall be conducted by such authority and at such place or places as the State Government may direct and accordance with the procedure applicable to proceedings on which an order of dismissal from service may be made; (b) judicial proceedings, if not instituted while the Government servant was on duty either before retirement or during re-employment, shall have been instituted in accordance with sub-clause (ii) of clause (a); and (C) The Bihar Public Service Commission, shall be consulted before final orders are passed.” 6. The aforesaid provision talks about the right of State Government to reserve a right for withholding or withdrawing a pension or any part of it whether permanently or for specific period and the right of ordering the recovery from the pension of the whole or part of any pecuniary loss caused to the Government if the pensioner is found any a departmental proceeding or judicial proceeding guilty of gross misconduct or have caused by misconduct or negligence during his service including the services rendered on re-employment after retirement. The aforesaid rule further provides a proviso. The relevant would be that in case such departmental proceeding is not instituted while the Government Servant was on duty, such proceeding shall not be instituted without the sanction of State Government and that too in respect of an event which took place not more than four years before the date of institution if such proceeding. Learned counsel for the petitioner has contended that to initiate a proceeding under the aforesaid rule is with respect to an event which should be within four years from the date of institution of the proceeding. Since the event according to the charge-sheet is in respect of obtaining the appointment on 25.03.1976 on basis of forged training certificate and petitioner continued on such appointment and superannuated after long years on 31.10.2007 even though the department had the information of such alleged forged certificate which has been referred in the charge-sheet, but no proceeding was initiated while he was in service. Learned counsel for the State, on the other hand, does not disputes the proposition that the event for instituting the proceeding under Rule 43(b) of Bihar Pension Rule must have taken place within four years before the date of institution, however, contends that event would be a continuing event right from the date of appointment till the date of superannuation since petitioner continued to serve on basis of forged training certificate till the date of his superannuation, and as such, the initiation of proceeding on 3rd February, 2011 is legal and valid. In support of the above submissions, neither law nor any decision has been brought before the Court. In my opinion, the above meaning assigned by the counsel for the State for the word “event” cannot be accepted in law. In support of the above submissions, neither law nor any decision has been brought before the Court. In my opinion, the above meaning assigned by the counsel for the State for the word “event” cannot be accepted in law. The department was free to initiate the proceeding as soon as it received such information as mentioned in letter no. 2273 dated 16.11.2004 of the Director, Primary Education, Govt. of Bihar and subsequent letter of the Head Master of the School as also the School Examination Board as mentioned in the charge-sheet, but the department did not initiate such proceeding while the petitioner was in service. The original writ petitioner died during the pendency of this writ application and his widow and two daughters have been substituted in his place. 7. In view of the above, in my opinion, the decision to initiate the proceeding as per memo no. 832 dated 26th November, 2009 followed by the charge-sheet as per memo no. 185 dated 03.02.2011 as contained in Annexures- 8 & 9 respectively cannot be sustained in law and the same are accordingly quashed. It is further directed that the arrears of salary and retrial dues admissible to the original writ petitioner if any be paid to his legal representatives who are petitioners on substitution. 8. The writ application accordingly stands disposed of.