IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1142 of 2004 Rama Nand Dubey, Son of Late Jadu Dubey, resident of Nagarawn, P.S. Piro, District Sahabad (Arrah) at present retired Senior Field Officer of Bihar State Co-operative Land Development Bank Ltd., Budh Marg, Patna-1 Versus 1. Bihar State Co-operative Land Development Bank Ltd, Budh Marg, Patna-1 through Administrator 2. The Administrator, Bihar State Co-operative Land Development Bank Ltd, Budh Marg, Patna-1 ----------- 04/ 03.11.2010 Heard learned counsel for the petitioner and the counsel for the Land Development Bank Ltd. (hereinafter referred to as the Bank). 2. Petitioner superannuated while serving as Senior Field Officer of the Bank with effect from 30.6.2000. He has filed the writ petition questioning the legality of the order, bearing letter No. 344 dated 8.7.2003, Annexure-1, whereunder proceeding has been initiated against him to recover the amount of ` 3,70,532/-, which is the amount of loss caused to the Bank on account of his negligence. 3. It is submitted on behalf of the petitioner that the date on which notice dated 8.7.2003, Annexure-1 was issued, the Bank had no authority under the Service Regulation to initiate proceeding against any retired 2 employee for the loss caused to the Bank as the provision contained in sub-rule (ii) of Rule 132 of Service Regulation was inserted in the Service Regulation with the approval of the Registrar, Co-operative Societies, Bihar, which is contained in letter dated 24.9.2003. Perusal of the letter dated 24.9.2003 indicates that the Registrar, Co- operative Societies, Bihar has accepted the proposal of the Bank to amend the Service Regulation inserting sub-rule (ii) of Rule 132 with effect from 28.6.2003, the date of the proposal. 4. Counsel for the petitioner, however, submitted that the Executive Authorities while granting approval does not have any authority to grant approval with retrospective effect and insertion of sub-rule (ii) of Rule 132 in the Regulation be deemed to have been inserted in the Regulation with effect from the date of approval i.e. 24.9.2003. 5. Having heard counsel for the parties, I am of the view that the Registrar, Co-operative Societies, Bihar while accepting the proposal of the Bank to insert sub-rule (ii) of Rule 132 should have granted approval with effect from the date of approval and not with effect from the date 3 of proposal, as he does not have any authority to grant approval with retrospective effect. As on the date of the notice i.e. 8.7.2003, the Administrator lacked jurisdiction to initiate proceeding against retired employees of the Bank, I set aside the notice dated 8.7.2003, Annexure-1, however, with liberty to the competent authority of the Bank to pass appropriate orders in accordance with law. 6. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)