SHAMBHU PRASAD SAH Vs. HIGH COURT OF JHARKHAND

JUDGEMENT

(1.) THIS writ application, along with several other similar writ applications, has been referred to the Division Bench by a learned Single Judge, for hearing and disposal since it involved a question regarding invocation of Rule 74(b)(ii) of the Jharkhand Service Code by the State Government to compulsorily retire the writ petitioner on the recommendation of the Jharkhand High Court.

(2.) THE writ petitioner had been initially appointed as a temporary Munsif under the erstwhile Government of Bihar and was confirmed in the rank of the Munsif with effect from 1st April, 1985. He was thereafter empowered to act as Sub -Judge -I -cum -Addl. Chief Judicial Magistrate/ Assistant Sessions Judge in Godda in the month of May, 1990 and according to the writ petitioner during his tenure at Godda, he was involved in certain disputes with the learned District Judge for which he sought his transfer from Godda. It appears that such prayer was rejected by the Patna High Court and ultimately, certain adverse remarks were recorded in the petitioner 'sAnnual Confidential Report (ACR) for the year 1991 -92. However, such remarks appear to have been expunged on the petitioner 'srepresentation, but subsequently such remarks were repeated and despite the petitioner 'srepresentation, the same were not expunged from his Annual Confidential Report. The petitioner was ultimately posted at Khunti (Ranchi) by order dated 21st April, 2001. Soon thereafter, he was served with the order dated 17th July, 2001 passed by the Deputy Secretary, Department of Personnel and Administrative Reforms, State of Jharkhand retiring him compulsorily from his service. The said order has been challenged in this writ application.

(3.) OPPOSING the writ petition, Mr. R.S. Majumdar urged that the writ petitioner was compulsorily retired from service, as the High Court took into consideration the total service career of the writ petitioner and after coming to the conclusion that it would not be conducive in the public interest to continue with the petitioner 'sservice, recommended the invocation of Rule 74(b)(ii) of the Jharkhand Service Code in the petitioner 'scase.