IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8954 of 2008 1. Kambham Pati Subramanya 2. Mahesh Prasad………..Petitioners. Versus State Of Bihar & Anr ---------------------------------- 10. 08.09.2011 This is an application for quashing the order dated 12.11.2007 passed by Judicial Magistrate, Ist Class, Bhagalpur in Bhagalpur P. S. Case No.51 of 2004 (Tr. No.1935 of 2004) by which petition of discharge filed by the petitioners (dt. 2.5.2007) has been dismissed ignoring the Departmental Rules and Notifications of Govt. of India in this regard. Heard learned counsel for the petitioners and learned counsel for the State. Showing several irregularities and illegalities, petitioners have been made accused for the offences committed under Sections 9(1) and 9(2) read with Section 11 of the Payment of Gratuity Act, 1972. A petition for discharge is refused legality of which has been questioned in the instant case on the ground that employees of All India Radio are at par with Prasar Bharati, are not covered under the Payment of Gratuity Act of 1972 and second complaint is not filed by Controlling Authority. Section-11 provides cognizance of any offence punishable under the Payment of Gratuity Act only on complaint made by or under the Authority of appropriate Govt. for which Controlling Authority is competent. Section-11 runs as follows:- APPENDIX-3 Provides Controlling Authority for Bhagalpur Division 2 Deputy Commissioner of Labour while complaint of this case is Labour Enforcement Officer (Central) Bhagalpur. Another point about non- application of Payment of Gratuity Act, 1972 is answered by filing a counter-affidavit of O.P. No.3 that petitioners are not covered under Section 2(E) of Payment of Gratuity Act rather governed under CCS Act (Pension Rules), 1972. In the facts and circumstances of the case, discussed above, it is held that impugned order dated 12.11.2007 passed by Judicial Magistrate, Ist Class, Bhagalpur is not liable to be sustained as being illegal, hence is quashed. Vikash ( Mandhata Singh, J.)