IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18932 of 2010 RAMA KANT JHA, AGED ABOUT 61 YEARS SON OF LATE CHHOTELAL JHA, RESIDENT OF VILLAGE- KHARIA, P.S.- BARIYARPUR, DISTRICT- MUNGER AT PRESENT RETIRED DEPUTY MANAGER FROM GOPALGANJ DISTRICT OFFICE OF BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LIMITED :--- PETITIONER. Versus 1. THE BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN, VIRCHAND PATEL PATH, PATNA THROUGH ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN, VIRCHAND PATEL PATH, PATNA. 3. THE CHIEF OF ADMINISTRATION, BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN, VIRCHAND PATEL PATH, PATNA. 4. THE CHIEF OF CLAIMS, BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LIMITED. 5. DISTRICT MANAGER, BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LIMITED, GOPALGANJ :--- RESPONDENTS. ----------- For the petitioner : M/S Bishnu Kant Dubey & Panchu Ram, Advocates. For the Respondents : Mr. R.S.Pradhan, Senior Advocate. Mr. A.N.Rai, Advocate. ====== 2. 23.11.2010. Heard learned counsel for the petitioner and the counsel for the Bihar State Food and Civil Supplies Corporation Limited (hereinafter referred to as the “Corporation”). 2. Petitioner is aggrieved by the office order dated 19.08.2010, Annexure-10/1, whereunder he has been asked to show-cause in terms of the provisions contained in Rule 26 III (a) of the Service Rules calling upon him to show cause as to why interest may not be recovered from his retiral dues. 3. It is submitted on behalf of the petitioner that Rule 26 III (a) was applicable to the petitioner - 2 - while he remained in service of the Corporation. Rule 26 III (b) having been incorporated by the Corporation in the service rules under office order dated 30.07.2010 after the retirement of the petitioner, as such, the same will not apply to the case of the petitioner. 4. Let the petitioner take aforesaid defence in response to the impugned notice dated 19.08.2010, Annexure-10/1 which should be considered by the competent authority in accordance with law. It goes without saying that if the petitioner is exonerated in the proceeding, the entire retiral dues of the petitioner be cleared. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)