BAIKUNTH TIWARI Vs. BIHAR STATE ROAD TRANSPORT

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS writ application was originally filed to challenge a departmental proceeding pending against the petitioner even after his retirement from service under the Bihar State Road Transport Corporation on 31 -1 -2001. While the writ application was pending before this Court final orders of punishment have been passed in the pending proceeding and those orders have been annexed as Annexure -5 to an amendment petition wherein petitioner has prayed for quashing of the order of punishment on the ground that after petitioner's retirement the Corporation had no jurisdiction to continue with the departmental proceeding and hence, the final order of punishment is also without jurisdiction.

(3.) IT is not in dispute that the employees of the Bihar State Road Transport Corporation do not receive pension as provided in the Bihar Pension Rules. It is also admitted that subsequent to framing of regulations for grant of gratuity in the year 1970 the employees of the Corporation are entitled to receive gratuity as per regulations framed under Section 45(2)(e) of the Bihar State Road Transport Corporation Act, 1950. In such circumstances, it is not possible to accept the contention that Rule 43(b) of the Bihar Pension Rules continues to govern the employees of the Bihar State Road Transport Corporation. It is also not in dispute that the regulations providing for gratuity framed by the Corporation in the year 1970 do not contain any provisions for continuing a departmental proceeding against a retired employee of the Corporation.