IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.2521 of 2005
Ram Krishna Prasad Singh. ......Petitioner.
Versus
Administrator, Bihar State Road Transport
Corporation, Patna & Anr. .......Respondents.
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioner : Mr. Sanjay Prasad, Advocate.
For the Respondents: Mr. A. K. Pandey, Advocate.
03/12.07.2011
: The grievance of the petitioner is that he has been
compulsorily retired by the respondents on imputing allegation
that there is no utility of his service to the Bihar State Road
Transport Corporation (for short Corporation). The said order
amounts to awarding punishment without initiating any
departmental proceeding and without giving any opportunity of
hearing to the petitioner.
Learned counsel appearing on behalf of the respondents
submitted that the order has been passed under the provisions
of Rule 74(b)(ii) of the Bihar Service Code, which is applicable for
the employees of the Corporation and the order is innocuous
and is retirement simpliciter under the said provision and there is
no illegality or arbitrariness in the said order.
I have heard learned counsel for the parties. Perused the
impugned order. I find that by he said order, the petitioner has
been compulsorily retired in exercise of power under Rule 74(b)(ii)
of the Bihar Service Code, which is admittedly applicable on the
employees of the Corporation. The order only shows that on
scrutiny of his performance, it was found that there is no utility of
his service. No charge has been alleged against the petitioner.
Since the petitioner is aged more than 50 years and the
Corporation has jurisdiction to pass order under Rule 74(b)(ii) of
the Service Code, I find no arbitrariness or illegality in the
impugned order.
In course of hearing, learned counsel for the petitioner
submitted that though the petitioner has been made to retire by
the said order, retiral dues have not been paid to him till date.
2
If the petitioner has any grievance against nonpayment
of the retiral dues, he is at liberty to file representation before the
competent authority regarding the said grievance. If such
representation is filed, the appropriate authority shall consider
the same and pass reasoned order within a period of six weeks
from the date of receipt of the representation.
This writ petition is, accordingly, disposed of with with the
aforesaid observations and directions.
(Narendra Nath Tiwari, J.)
Sanjay/