CHANDRA PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Petition under Article 226 of the Constitution has been filed by one Shri Chandra Pathak, Sub -Judge, Saharsa for quashing the Notification dated 21st February, 2013 passed by the respondent -State on the recommendation of the Patna High Court on administrative side by which the petitioner has been inflicted upon with the punishment of compulsory retirement in terms of the provisions contained under Rule 14(ix) of the Bihar Government Servant (Classification, Control and Appeal) Rules 2005 (hereinafter referred to as "the Rules of 2005"). The further prayer made is to allow the petitioner to resume his duties as a member of the State Judicial Services along with all the consequential benefits including seniority, pay, etc.

(2.) LEARNED advocate Mr. Abhinav Srivastava appears for the petitioner. Mr. Abhinav Srivastava has stated that he has no objection, if this Bench hears and decides the matter. Learned advocate Mr. Mrigank Mauli appears for the High Court and learned advocate Mr. Raju Giri appears for the State.

(3.) SUBSEQUENTLY , a disciplinary proceeding was initiated against the petitioner by the Patna High Court in which memorandum of charges under four heads dated 28th October, 2009 coupled with the statement of allegations in support of articles of charges, list of documents and list of witnesses, by which the charges were to be substantiated, were supplied to the petitioner. The charges under four -heads framed against the petitioner in the said disciplinary proceeding were as follows: