IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14186 of 2010 SHYAM KISHORE SINGH SON OF LATE BANWARI SINGH, RESIDENT OF VILLAGE- RAMPUR, P.S. JAMALPUR, DISTRICT- MUNGER. Versus 1 THE BIHAR STATE ROAD TRANSPORT CORPORATION, PARIWAHAN BHAWAN, BIR CHAND PATEL PATH, PATNA- 800001. 2. THE ADMINISTRATOR, BIHAR STATE ROAD TRANSPORT CORPORATION, PARIWAHAN BHAWAN, BIR CHAND PATEL PATH, PATNA- 800001. 3. THE DIVISIONAL MANAGER, BIHAR STATE ROAD TRANSPORT CORPORATION, PATNA. 4. THE DEPOT SUPERINTENDANT, BIHAR STATE ROAD TRANSPORT CORPORATION, BIHARSHARIF, NALANDA. For the petitioner : Shree Ganesh, Advocate. ----------- 4/ 24.09.2010 Heard learned counsel for the petitioner. None appears for the Bihar State Road Transport Corporation (hereinafter referred to as the ‘B.S.R.T.C.). Same was the position even yesterday i.e. 23.9.2010 but in order to accommodate the counsel for the B.S.R.T.C. matter was passed over for the day. Even today, none appears for the B.S.R.T.C., in the circumstances, matter is being disposed of after hearing the counsel for the petitioner. 2. Petitioner is aggrieved by the order of the Administrator, B.S.R.T.C. dated 18.11.2002, Annexure-6, where under he has been punished under Rule 43(b) of the Bihar Pension Rules and his entire gratuity, leave salary has been forfeited. It is submitted on behalf of the petitioner that he superannuated with effect from 31.12.2000 on attaining the age of superannuation in the light of the office order No.879 dated 2 2.12.2000, Annexure-3, prior thereto he was only served with the report of the flying squad dated 23.7.1994, Annexure-1. In response whereto petitioner submitted his reply dated 26.7.1994, Annexure-2. After filing reply petitioner was not given any suspension order or the charge sheet and was allowed to retire in the light of the order dated 2.12.2000, Annexure-3. After retirement of the petitioner there was delay in payment of his retiral dues and he filed C.W.J.C. No.357 of 2005, Annexure-7. The authorities of the B.S.R.T.C. produced order dated 18.11.2002 during the hearing of C.W.J.C. No.357 of 2005 a Bench of this Court disposed of the earlier writ petition under orders dated 30.1.2009, Annexure-7 granting the petitioner liberty to challenge the order dated 18.11.2002. 3. In the light of the liberty granted to the petitioner under orders dated 30.1.2009 he filed the present writ application challenging the order dated 18.11.2002 on the ground that the same has been passed without serving him any charge memo as also after granting opportunity to file show cause reply defending himself. Appreciating the aforesaid submission, this Court under orders dated 1.9.2010 granted three weeks’ time to the counsel for the B.S.R.T.C. to file his reply. The authorities of the B.S.R.T.C. neither filed any counter affidavit nor are appearing in this proceeding, in spite of due indulgence granted on 23.9.2010. 4. Having heard counsel for the petitioner, I have 3 no option but to quash order dated 18.11.2002, Annexure-6 on the ground that the same has been passed without serving any charge memo on the petitioner as also without giving him any opportunity to defend himself. 5. The writ application is, accordingly, disposed of. M.I. HAQUE. ( V.N.Sinha, J )