BRAJESH NARAYAN SHARAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ON 14th September, 1976, the petitioner was appointed as a Judicial Magistrate and subsequently, he was promoted to the higher post of Subordinate Judge in the month of June, 1989. On 8th May, 2001, he joined as Chief Judicial Magistrate, Lohardaga, where he was served with a letter dated 17th July, 2001 written by the Deputy Secretary, Personnel and Administrative Reforms and Rajbhasa, Government of Jharkhand, Ranchi, informing him that he had been compulsorily retire from service in exercise of powers under Section 74(b)(ii) of the Jharkhand Service Code.

(2.) AGGRIEVED by the said order, the petitioner has filed the instant writ application, which has been referred to the Division Bench for hearing and disposal along with several other matters of like nature.

(3.) MR . Shivnath urged that for the purpose of compulsory retirement, the entire service record of an employee is required to be taken into consideration and a decision in that regard could not be taken on the basis of a single incident. Furthermore, even the remark which had been made was with regard to the grant of provisional bail and was a mere suggestion that such provisional bail should not be granted. Mr. Shivnath submitted that the writ petitioner's integrity had never been doubted and there was absolutely nor material before the High Court to recommend to the State Government that the provision of Rule 74(b)(ii) of the Jharkhand Service Code be invoked in the petitioner's case.