PANCHANAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India, for quashing Annexure-7 dated 23rd March, 1988, issued by Additional Secretary to the Governor, State of Bihar (Respondent No. 3) compulsorily retiring the petitioner with effect from 23rd March, 1988, the day the notification was issued. The petitioner has also prayed for a writ of mandamus directing the state of Bihar and Secretary, Cabinet Secretariat and Coordination Department (respondents 1 and 2) to accord permission to work as an Officer of the State of Bihar.

(2.) The petitioner was initially appointed as stenographer Class II in the appointment department of the State Government. Thereafter he was posted in the Relief and Rehabilitation Department of the State of Bihar in February, 1952. In October, 1957, he was transferred and posted in the same capacity in the Finance Department. Subsequently, he worked as stenographer Class I and in that capacity worked till 29-5-1962. It appears that one Jamuna Prasad Kara, who was working as Personal Secretary (Hindi) to the Governor, reverted back to the Finance Department and in his stead the petitioner Panchanan Jha was appointed to that post. The petitioner was confirmed as Personal Secretary (Hindi) to the Governor with effect from 10-2-1964, against the permanent post created in appointment department G. O. No. III-G 1-1010/58/58-A-9131 dated 30-7-1958 (Annexure C). His lien in the Finance department was terminated. In June, 1968, the petitioner was appointed to the Gazetted post of Senior Personal Assistant to the Governor with effect from 1st June, 1968, on substantive permanent post (Annexure-D) by office order dated 23rd July, 1970. The petitioner, who was senior personal Assistant to the Governor, was allowed to draw annual increment with effect from 1st June, 1970, raising his pay to rupees 625/- per month (Annexure-E). In June, 1980, a notification was issued by the Joint Secretary, Cabinet Secretariat, that Panchanan Jha (the petitioner) was being appointed by promotion to the post of Under Secretary in the Governor's Secretariat, which post had been created by the State Government by Cabinet Secretariat order No. CS 2/G/10/8/80-1819 dated 30-5-1980. By the very same notification Brijnandan Prasad, Private Secretary, was also promoted to the post of Under Secretary, Governor's Secretariat. In May, 1985, the post of Deputy Secretary to the Governor fell vacant consequent upon the retirement of Shri Shive Shankar Singh. The petitioner, Panchanan Jha was promoted temporarily to that post to fill the gap. Notification to that effect was issued by Governments' Secretariat by memo dated 13-9-1985, and the petitioner assumed charge of that post. The Governors' Secretariat requested the State Government to issue regular notification in regard to the appointment of Panchanan Jha as Deputy Secretary. The memorandum put up before the Cabinet of State of Bihar, Annexure-3, shows that the promotion of the petitioner had the recommendation of the Governors' Secretariat. Item No. 6 which was approved by the Cabinet reads as follows :- <IMG>JUDGEMENT_476_BLJ1_1990Image1.jpg</IMG> The Cabinet approved the promotion of the petitioner to the post of Deputy Secretary with effect from 13-9-1985, in the pay scale of Rs. 1375-2300. Paragraph 8 of the memorandum shows that the proposal and the memorandum had the approval of the Chief Minister. In May, 1987, the State Government issued notification appointing the petitioner, by promotion, to the post of Deputy Secretary with effect from 13-9-1985, with posting in the Governors' Secretariat In March, 1988, Mr. P. Venkatasubiah demitted office of Governor and was succeeded by Mr. Govind Narain Singh. It appears that shortly after his advent on the scene a storm blew up in the Raj Bhawan at Patna. Something unsavoury took place in the Raj Bhawan. The petitioner in state of exasperation wrote to the Private Secretary to the Governor by Annexure-5 dated 13-3-1988, that the petitioner wanted to retire with effect from 1-4-1988. Only six days later, on 21-3-1988, he wrote to the Additional Secretary to the Governor Raj Bhawan Patna withdrawing his request for voluntary retirement. He prayed that Cabinet Secretariat need not be informed about his request for voluntary retirement. He also prayed that he should be relieved from the Governor's Honse to joint as Private Secretary to Minister of State for Public Health and Engineering Department. Nothing has been brought to our notice indicating that the Governor or the State Government did not permit him to withdraw the resignation letter, Aunexure-6. On 23-3-1988, the Additional Secretary to the Governor issued the impugned annexure (Annexure-7) compulsorily retiring the petitioner which reads as follows :- Dated the 23rd March, 1988. Notification No. 89/GS. Sri P. Jha, Deputy Secretary to the Governor of Bihar, Patna, is voluntarily retired with immediate effect. By order of the Governor of Bihar. Sd-(R. K. GUPTA) Addl. Secretary to the Governor. Hence the present application for quashing Annexure-7.

(3.) The stand of the petitioner is that he was at all times an officer of State of Bihar on deputation to Governor's Secretariat. The petitioner being an officer of the State Government, the Governor had no jurisdiction to order compulsory retirement of the petitioner on his own, without the aid and advice of the Council of Ministers. According to the petitioner he could have been retired only by the State Government and not by the Governor.