RAMENDRA NATH RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is aggrieved by the order as contained in Memo No. 2135 dated 26.04.2011 (Annexure 15 Series) issued under the signature of Deputy Secretary, Personnel, Administrative Reforms and Rajbhasa Department, Government of Jharkhand, whereby he has been compulsorily retired from service from the post of Additional District & Sessions Judge, Dumka, under Rule 74(b)(ii) of the Jharkhand Service Code in public interest with effect from 28th April, 2011.

(2.) The short facts of the case as stated by the petitioner are that the petitioner was appointed as Temporary Munsif vide Notification no. 4987 dated 16.04.1985 issued by the Department of Personnel & Administrative Reforms, Government of Bihar pursuant to he having succeeded in the 20th Judicial Service Competition Examination conducted by the Bihar Public Service Commission. The petitioner was posted at Saharsa in the erstwhile State of Bihar vide Notification no. 173A dated 20th May, 1985 issued by the Registrar, Patna High Court showing his name at Serial no. 43. It is the case of the petitioner that after successful completion of probation his service was confirmed with effect from 29.02.1988 vide Notification no. 8564 dated 1st July, 1989 issued by Under Secretary, Department of Personnel & Administrative Reforms, Government of Bihar, showing his name at Serial no. 31 vide Annexure2. It is further contended on behalf of the petitioner that he was granted the first increment in Munsif's scale of pay with effect from 29.02.1988 vide Memo No. 4894908 dated 15.04.1989 issued by Joint Registrar (Establishment), Patna High Court,Patna, vide Annexure3. Learned counsel for the petitioner further submits that he was granted promotion to Junior Selection Grade with effect from 30th May, 1995 vide Notification no. 479A dated 28.12.1995 issued by the Registrar General, Patna High Court, Patna, showing his name at Serial No. 36 (Annexure4). It is further submitted by the learned counsel for the petitioner that he was vested with the powers of IInd Class Judicial Magistrate and 1st Class Judicial Magistrate at due time. Learned counsel for the petitioner further submits that on recognition of his performance he was posted as Sub Divisional Judicial Magistrate, Jamtara and thereafter was granted regular promotion to the substantive post of Subordinate Judge vide Notification no. 42A dated 13.02.2002 issued by the Registrar General, Jharkhand High Court, Ranchi, showing his name at Serial no. 2 of the said notification (Annexure5). The petitioner thereafter was appointed as Chief Judicial Magistrate, Dumka vide Notification no. 133A dated 27.08.2002, issued by the Registrar General, Jharkhand High Court,Ranchi, (Annexure6). It is further submitted on his behalf that the petitioner was granted adhoc promotion to the post of Additional District & Sessions Judge, Fast Track Court,Dumka, in the pay scale of Rs. 12,00016,500 vide notification no. 1127 dated 25th February,2003, issued by the Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, Government of Jharkhand (Annexure7). Learned counsel vehemently submitted that under the provisions of Jharkhand Superior Judicial Services (Recruitment, Appointment & Condition of Service) Rules, 2001 and amended Rules 2004, the petitioner after facing interview along with other eligible candidates, was granted regular promotion to the post of Additional District & Sessions Judge in the pay scale of Rs. 16,75020,500/ on the basis of merit cum seniority principle vide Notification no. 4640 dated 1st August, 2008 issued by the Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, Government of Jharkhand showing his name at serial no. 7 vide Annexure8. It is further contended by the learned counsel for the petitioner that vide letter dated 24th November, 2009 issued by the then Registrar General, Jharkhand High Court, Ranchi the petitioner was vested with the powers of Special Judge under Section 153 of the Electricity Act, 2003 for the jurisdiction of Dumka as per Annexure9. The petitioner was also posted as 1st Additional District & Sessions Judge, Dumka being vested with the special powers under the Electricity Act, 2003 by order of the Department of Personnel, Administrative Reforms and Rajbhasa, Government of Jharkhand (Annexure10 Series). It is further contended on behalf of the counsel for the petitioner that the petitioner received a D.O letter no. 44 dated 12.10.2009 issued by the Registrar (Vigilance) Jharkhand High Court, Ranchi communicating an adverse entry made against him for the assessment year 200607 recorded by the then Zonal Jude of Hazaribagh Judgeship, asking him to file representation for expunction of the said adverse entry. The petitioner submitted his representation vide letter no. 292 dated 9.12.2009 (Annexure12), but did not receive any communication regarding the same. It is submitted that although the adverse entry related to the year 200607, but the said remarks were entered on 6th January, 2008 by the then Zonal Judge, Hazaribagh and was communicated on 12.10.2009 after a delay of more than 1 year 10 months. It is further submitted that in spite of said adverse entry entered, the petitioner was granted regular promotion to Jharkhand Superior Superior Judicial Services vide notification dated 1st August, 2008, which clearly goes to show that despite the adverse entries the Hon'ble Court considered him fit enough to grant promotion on the basis of merit cum seniority. Based upon the aforesaid facts, it is submitted that on account of grant of regular promotion as stated above the adverse remarks lose their sting.

(3.) However, it is further contended on behalf of the petitioner that vide notification dated 30th July, 2009, an explanation was called for from the petitioner by the Hon'ble High Court communicated through the Registrar (Vigilance) against some allegations leveled against him. He submitted his explanation vide letter no. 395 dated 17th August, 2009 (Annexure14). However, the petitioner was taken surprise by the impugned order contained in Memo No. 2135 dated 26.04.2011 issued by the Deputy Secretary, Department of Personnel, Administrative Reforms and Raj Bhasa, Government of Jharkhand with the forwarding letter no. 723 dated 28.04.2011 of his compulsory retirement under Rule 74(b)(ii) of the Jharkhand Service Code in public interest (Annexure15 Series).