LAW FOR ALL

The authorities could not and should not have relied upon said enquiry report as basis in fresh enquiry for holding the appellant guilty of the charge and to award punishment of withholding of pension and gratuity. In the circumstances, we do not find that there was sufficient reason for the respondent authorities to exercise the powers under Rule 43 (b) read with Rule 139 of Bihar Pension Rules as neither there was pecuniary loss to the State, nor the present case is of a grave misconduct on the part of the appellant. 13. For the reasons as discussed above, we are inclined to interfere with the impugned order passed by the High Court. Therefore, the appeal is allowed. The orders dated 24.09.1997 and 17.06.1998, passed by the respondent authorities shall stand quashed. No order as to costs.