SURAJ BANS SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Letters Patent Appeal was filed against the order dated passed by the learned single Judge in C.W.J.C. No. 13025 of 2005 upholding the order of compulsory retirement passed against the Appellant herein.

(2.) The case of the Appellant before the learned single Judge was that he was initially appointed as Amin in the concerned Department, Government of Bihar and subsequently he was posted as Revenue Karmchari in Chenari Circle in July 2004. Thereafter he was placed under suspension on 10th March 2005 in view of initiation of a departmental proceeding and finally he was reinstated. But however, the impugned order was passed by the Respondents on the ground that the revenue collection of other employees had gone upto 37.32 per cent, whereas Appellant's collection was less than 25 per cent. The Enquiry Officer found him guilty of inadequate collection of revenue and had recommended his case to be considered sympathetically. But however, the District Magistrate, who was the disciplinary authority, passed the impugned order whereby the Petitioner (Appellant herein) was compulsorily retired from service in terms of Rule 74(a) of the Bihar Service Code (hereinafter, in short, referred to as the 'Code'). The said order was challenged in the writ petition and on dismissal of the same by the learned single Judge, this Letters Patent Appeal.

(3.) Learned Counsel appearing for the Petitioner-Appellant submitted that the procedure as contemplated under Section 74(a) of the Code was not followed wherein it is provided that the case of compulsory retirement has to be referred to a Committee of Senior Officers who will look into the records and which required an opportunity to be afforded to the person concerned.