NAND KUMAR VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN pursuance of decision dated 26th July, 1996, taken by the Standing Committee of Patna High Court, the State of Bihar from its Personal and Administrative Reforms Department issued Notification No. 7/M -2022/97 Ka. - 4323 dated 20th April, 1998 and reduced the petitioner from the rank of Sub Judge (Civil Judge, Senior Division) to the rank of Munsif (Civil Judge, Junior Division). It was challenged by the petitioner before the Supreme Court under Article 32 of the Constitution of India vide W.P.(C) No. 547 of 1999.

(2.) DURING pendency of the said writ petition, the petitioner was allocated State of Jharkhand and while functioning as Judicial Magistrate, Koderma, in pursuance of decision of Full Court of Jharkhand High Court, he was made to retire, in public interest under Rule 74(b)(ii) of the Bihar Service Code, 1952 by Order No. 2254 dated 17th July, 2001, issued by the Government of Jharkhand from its Personnel, Administrative Reforms and Rajbhasa Department. It was challenged by the petitioner before this Court in other case i.e. W.P.(S) No. 2856 of 2002.

(3.) THE case of the petitioner is that he joined Bihar Sub -ordinate Judicial Service as Munsif (now known as Civil Judge, Junior Division) in the year, 1976 and was confirmed in the same capacity in the year, 1980. He was promoted to the rank of Sub -Judge (now known as Civil Judge, Senior Division) in the year, 1986 and was confirmed as Sub -Judge with effect from 19th January, 1988 by Notification dated 25th January, 1990. He was also allowed 1 st Time Bound Promotion with effect from 27th November, 1985 vide Notification No. 901 -41 dated 9th January, 1987 and was made Sub -Judge -cum -Addl. Chief Judicial Magistrate. He was, later on, posted as Chief Judicial Magistrate by Patna High Court vide Notification No. 17633 -40 dated 5th November, 1989. Further case of the petitioner is that one of the Honble Inspecting Judge made casual inspection on 9th March, 1994 and put certain adverse remarks against him, otherwise he functioned to the entire satisfaction of the authorities. The criminal power, which was earlier divested, was subsequently restored and he was again allowed to function as Chief Judicial Magistrate, Gopalganj. The petitioner has named certain Honble Judges of Patna High Court, alleging bias against them. According to him, though there was nothing adverse against him, certain Honble Judges of Patna High Court made adverse remarks and he was earlier superseded in the matter. Details have been given in the writ petition.