IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6978 of 2011 TARKESHWAR NARAYAN, son of late Rajgir Yadav, rersident of At and P.O. Jay Nagar, P.S. Jay Nagar, District- Madhubani……… Petitioner Versus 1. THE BIHAR STATE FOOD & CIVIL Supplies Corporation Limited, Sone Bhawan, 5th Floor, Bir Chand Patel Path, Patna-800001, through its Chief Administrator, Patna. 2. The District Manager, the Bihar State Food and Civil Supplies Corporation Ltd. Makdhubani. 3. The Managing Director, the Bihar State Food and Civil Supplies Corporation Ltd., Sone Bhavan, 5th floor, Birchand Patel Patna-800001. ----------- For the petitioner: Mr. Kaushalesh Choudhary, Advocate Mr. Kulanand Jha, Advocate For the Respondent Corpn.: Mr. R.S. Pradhan, Senior Advocate Mr. A.N. Rai, Advocate. ------------ 2. 21.4.2011 Heard learned counsel for the petitioner and learned counsel for the Bihar State Food and Civil Supplies Corporation. The petitioner seeks quashing of the charge memo dated 4.11.2010 issued on 17.1.2011 by the Chief Administrator of the respondent Corporation as also the disciplinary proceedings initiated on the basis of the said charge memo. The principal submission of learned counsel for the petitioner is that on a preliminary enquiry held earlier, it was found that three persons, namely, Hari Narayan Saha, Laxmi Prasad Rajak and Vishwanath Thakur were responsible for a loss of Rs.9,98,863/- and a direction was also issued to them by the Corporation to deposit the loss caused by them - 2 - proportionately, i.e., 1/3rd each by letter dated 13.10.2008 (Annexure-6). It is stated that the petitioner retired from services of the Corporation on 31.3.2010, but after his retirement a charge memo dated 4.11.2010 has been issued, in which it is stated that he has been found to be equally responsible for making the illegal payments. It is alleged by learned counsel for the petitioner that the earlier enquiry report having not mentioned the name of the petitioner as having been involved in the defalcation of the said amount, there can be no occasion for the petitioner to be proceeded against in a departmental proceeding, that too, after his superannuation. It is admitted that the provisions of the Bihar Pension Rules have been adopted and made applicable to the employees of the Bihar State Food and Civil Supplies Corporation. In that view of the matter, it cannot be said that the respondent authorities have no powers to proceed against the petitioner after his retirement. Under Rule 43 (b) of the Bihar Pension Rules, a departmental proceeding can be started even - 3 - against the retired employee provided the event relates to a period of not more than four years prior to the date of issuance of the charge memo. Hence, the charge memo having been issued on 4.11.2010 with respect to misconduct pertaining to the year 2008, the respondents are well within their powers to issue the same. So far as the stand of the petitioner that the preliminary enquiry did not find him guilty of the defalcation is concerned, it is clearly mentioned in the charge memo that the same is being issued on the basis of the materials which have come out during the departmental proceedings against Laxmi Prasad Rajak. It is, thus, open to the respondents to proceed departmentally against the petitioner. In the aforesaid facts and circumstances, there can be no occasion for quashing the charge memo and the departmental proceedings initiated against the petitioner. The writ application is, accordingly, dismissed. However, considering the fact that the petitioner has superannuated more than a year earlier, it is expected that the authorities of the respondent Corporation shall proceed - 4 - expeditiously in the matter and conclude the departmental proceeding within a period of six months from the date of receipt/production of a copy of this order. VPS ( Ramesh Kumar Datta, J. )