Narendra Nath Tiwari, J.@mdashThe grievance of the Petitioner is that he has been compulsorily retired by the Respondents on imputing
allegation that there is no utility of his service to the Bihar State Road Transport Corporation (for short Corporation). The said order amounts to
awarding punishment without initiating any departmental proceeding and without giving any opportunity of hearing to the Petitioner.
2. Learned Counsel appearing on behalf of the Respondents submitted that the order has been passed under the provisions of Rule 74(b)(ii) of the
Bihar Service Code, which is applicable for the employees of the Corporation and the order is innocuous and is retirement simpliciter under the
said provision and there is no illegality or arbitrariness in the said order. I have heard learned Counsel for the parties. Perused the impugned order.
3. I find that by he said order, the Petitioner has been compulsorily retired in exercise of power under Rule 74(b)(ii) of the Bihar Service Code,
which is admittedly applicable on the employees of the Corporation. The order only shows that on scrutiny of his performance, it was found that
there is no utility of his service. No charge has been alleged against the Petitioner. Since the Petitioner is aged more than 50 years and the
Corporation has jurisdiction to pass order under Rule 74(b)(ii) of the Service Code, I find no arbitrariness or illegality in the impugned order.
4. In course of hearing, learned Counsel for the Petitioner submitted that though the Petitioner has been made to retire by the said order, retiral
dues have not been paid to him till date.
5. If the Petitioner has any grievance against nonpayment of the retiral dues, he is at liberty to file representation before the competent authority
regarding the said grievance.
6. If such representation is filed, the appropriate authority shall consider the same and pass reasoned order within a period of six weeks from the
date of receipt of the representation.
7. This writ petition is, accordingly, disposed of with the aforesaid observations and directions.
