HARIHAR PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been referred to the Division Bench for hearing and disposal since it involves a question regarding invocation of Rule 74(b)(ii) of the Jharkhand Service Code by the State Government on the recommendation of the Jharkhand High Court recommending compulsory retirement of the writ petitioner.

(2.) THE petitioner was appointed as Munsif in the Bihar Judicial Service in the year 1975 and was confirmed in the said post with effect from 24th June, 1977. He was promoted to the post of Sub -Judge on 15th May, 1992 when he was posted at Hazaribagh as Sub -divisional Judicial Magistrate. In June, 1992, the petitioner was transferred to Bhagalpur in the same capacity during which tenure he had occasion to entertain a suit, being Title Suit No. 214 of 1995, filed by the Secretary, Passenger 'sAssociation for preventing movement of mechanized country boats in the river Ganges. According to the writ petitioner, he allowed an application for injunction filed by the plaintiff in the suit regarding the settlement of Bhagalpur Ferry Station, as a result whereof, one Suresh Narayan Singh was allowed the right to operate the ferry services. It appears that thereafter, one Sri Ratnesh Narain Singh was added as a party in the suit and the same led to various revision application being filed in the Patna High Court and allowing the said revision application, the Patna High Court by its judgment and order dated 11th April, 1996 made certain adverse remarks against the petitioner.

(3.) WHILE the petitioner was posted in Koderma, he was served with an order dated 17th July, 2001 issued by the Department of Personnel and Administrative Reforms, Government of Jharkhand, informing him that in the public interest he had been compulsorily retired from service with effect from 17th July, 2001.