RAJENDRA PRASAD SAH, SON OF BHUBNESHWAR SAH, RESIDENT OF MOHALLA Vs. THE STATE OF BIHAR, THROUGH ITS CHIEF SECRETARY

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 10th of Oct., 2012 in C.W.J.C. No. 1320 of 2003, whereby while dismissing the writ application, the learned Single Bench has refused to interfere with the order of compulsory retirement of the appellant.

(2.) The appellant impugned the decision dated 19th of April 2002, whereby he was ordered to be compulsorily retired on attaining the age of 50 years in exercise of powers conferred under Rule 74(a) and (b)(ii) of the Bihar Service Code (hereinafter referred to as the Code) in the writ application.

(3.) The appellant was born on 3rd of July, 1945. He joined the service of the State as Steno-typist in the year 1968. He completed 50 years of age on 03rd of July, 1995 and 30 years of service in the year 1998. He challenged the order of his compulsory retirement on the ground that it has not preceded with any inquiry or show-cause notice, therefore, the order of compulsory retirement is in violation of principles of natural justice. Still further, the order does not recite that the services are being dispensed with in public interest. Therefore, such order is not in terms of Rule 74(b)(ii) of the Code.