IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3082 of 2008 SHIV NANDAN RAM, SON OF LATE BALESHWAR RAM, RESIDENT OF VILLAGE PIPRAHI, P.O. BHANTAKHI, P.S. GHELAR, DISTRICT MADHEPURA Versus 1. THE BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION THROUGH ITS MANAGING DIRECTOR, SONE BHAWAN, BIRCHAND PATEL MARG, PATNA. 2. SHRI RANA AWADHESH, MANAGING DIRECTOR, BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION SONE BHAWAN, BIRCHAND PATEL MARG, PATNA. 3. SHRI BIMALA PRASAD SINHA, CHIEF OF ADMINISTRATION, BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION SONE BHAWAN, BIRCHAND PATEL MARG, PATNA. ----------- 05. 03.03.2010 In compliance of the orders of this Court dated 7.7.2008, Annexure-1, the Managing Director, Bihar State Food and Civil Supplies Corporation, Bihar, Patna has compulsorily retired the petitioner vide office order dated 4.9.2008 w.e.f. the date of earlier dismissal i.e.8.4.2002, it is submitted that such order is in teeth of the directions of this Court contained in orders dated 7.7.2008 as this Court had called upon the authorities to reconsider the matter and grant punishment other than dismissal/removal, but while passing the order dated 4.9.2008 compulsorily retiring the petitioner from the date of earlier dismissal i.e. 8.4.2002, the authorities failed to notice that under Service Regulation there is no provision for imposing compulsory retirement as punishment that too with retrospective effect. Such submission can be better appreciated if the petitioner challenges the order dated 4.9.2008 by filing fresh writ application on the ground that the said order was passed de horse the provisions of the Service Regulation. With the liberty aforesaid this contempt application is disposed of. Rajesh/ ( V. N. Sinha, J.)