IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12905 of 2006 KRISHNA DEO MISHRA Versus THE STATE OF BIHAR & ORS ----------- 3 29.08.2008 Petitioner is aggrieved by an order dated 9.6.2006 contained in Annexure-9 by virtue of which respondents have decided to issue a charge-sheet to the petitioner and initiate a departmental inquiry against him. Learned Senior counsel appearing on behalf of the petitioner categorically asserts that there is no occasion nor any authority vested in the respondents to issue Annexure-9 on 9.6.2006 when he had already superannuated on 31.1.2005. The respondents cannot exercise any authority or control over the petitioner and hold a departmental inquiry after his retirement. Learned counsel however, appearing on behalf of the respondents, submits that in essence, Annexure-9 is only to facilitate accounting during the various postings of the petitioner and the positions held during his service career. A look at the charge-sheet which has been annexed with Annexure-9 belies the submissions made on behalf of the respondents. The Court is of the firm opinion that Annexure-9 is a decision to hold full fledged departmental inquiry against the petitioner and this cannot be permitted after his superannuation. Even if it is treated to be a case under Rule-43(b) of the Bihar Pension Rules, then this proceeding ought to have been - 2 - initiated in terms of the said rule before the petitioner had superannuated or for matter at least not beyond four years of the cause of action which may have arisen when the charges were framed. The Court has no option but to quash Annexure-9 against the petitioner in the above given circumstances and the writ application is allowed. pkj (Ajay Kumar Tripathi,J)