ORDER S.J. Mukhopadhyaya, J. 1. Heard the parties. 2. The petitioner was in the services of the State posted as Area Education Officer, Lakhisarai. He superannuated on 31st January, 2000 whereinafter he settled in the District of Palamau, He came to know of the impugned order dated 16th June, 2000, on its communication at Palamau. 3. By the impugned order, the Director (Primary Education), Bihar, Patna initiated a departmental proceeding under Rule 43(b) of the Bihar Pension Rules, 1950 and appointed the Regional Deputy Director, Education, Munger Division, Munger, as the Enquiry Officer. 4. Apart from challenge of aforesaid proceeding, prayer has been made for payment of retiral benefits including the amount withheld. 5. Respondents were allowed time to file counter affidavit with clear stipulation that the case may be disposed of at the stage of admission. The counsel for the State submitted that in spite of the intimation to officials he has not received any instruction. 6. Admittedly, the petitioner was not a party in CWJC No. 4052 of 1999 wherein a Bench of the Patna High Court by order dated 15th March, 2000 allowed interest and cost to the petitioner of the said case with liberty to the state to recover the cost from the erring officer(s). The husband of the petitioner of the said writ application (Late Bindeshwari Prasad Mishra) died in harness on 27th October, 1989 but G.P.F. amount having not paid to the widow for about 11 years, the court passed the aforesaid order. 7. The petitioner specifically pleaded that he was not posted as Area Education Officer in the year 1989 but was posted and joined much later on 5th August, 1987. It further appears that no departmental proceeding was initiated against the petitioner while he was in service. 8. Admittedly, the Director (Primary Education) Bihar has no jurisdiction to initiate a proceeding under Rule 43(b) of the Bihar Pension Rules, 1950 after retirement of an employee. The power is vested with the State and such proceeding cannot be initiated in respect to an incident taken place prior to four years of initiation of proceeding. 9. 8. Admittedly, the Director (Primary Education) Bihar has no jurisdiction to initiate a proceeding under Rule 43(b) of the Bihar Pension Rules, 1950 after retirement of an employee. The power is vested with the State and such proceeding cannot be initiated in respect to an incident taken place prior to four years of initiation of proceeding. 9. In the aforesaid background as no proceeding under Rule 43(b) could not have been initiated against the petitioner for non payment of Provident Fund which was payable to widow in the year 1989 and the impugned order dated 16th June, 2000 being without jurisdiction, the said order is set aside. 10. The respondents are directed to pay the petitioner full retiral benefit i.e. full pension; gratuity; leave encashment; Provident Fund; Group Insurance etc. within three months from the date of receipt/ production of a copy of this order. On failure they will pay interest to be calculated from the date of retirement till the same is being paid. 11. The petitioner is given liberty to file representation before the concerned authority showing details of payment to which he is entitled against one or other head. 12. The writ application is allowed with the aforesaid observations/directions. 13. Application allowed.