CHHOTELAL CHUNIHARA SON OF LATE GURU SAHAY HARIJAN Vs. PATNA HIGH COURT THROUGH THE REGISTRAR GENERAL OF THE COURT

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner against his compulsory retirement in public interest vide notification/order dated 16.9.1996 issued by the Government of Bihar in exercise of power under Rule 74(b) (ii) of the Bihar Service Code.

(2.) Earlier this writ petition was dismissed by judgment and order dated 9.8.1998. The Hon 'ble Supreme Court did not approve that order of dismissal of the writ petition in limine only on the ground that mentioning of public interest in the order of compulsory retirement does not amount to any stigma. Pursuant to order of the Hon 'ble Supreme Court dated 29th October, 1999 passed in Civil Appeal No. 6184 of 1999 the matter was again considered by a Division Bench of this Court which admitted the case for detailed hearing on 6.3.2000. The matter has now been heard in detail.

(3.) LEARNED Counsel for the petitioner has placed the relevant facts which lie within a narrow compass. Petitioner joined Judicial Service as a Munsif on 9.4.1974, he was promoted to the next post of Sub - Judge on 16.11.1986 and was put under suspension on 30.8.1993. On the recommendation made by the Standing Committee of the Patna High Court, Patna the Full Court in its meeting dated 4.5.1996 resolved for compulsory retirement of the petitioner in public interest. The Government took sometime and ultimately the impugned order/notification was issued on 4.9.1996 and in the meantime enquiry report in the disciplinary proceeding initiated after suspension was submitted on 30.5.1996.