S. N. Shankar, C.J. - (1.)Challenage in this petition is to the order dated June 10, 1974 passed by the District Judge, Mayurbhanj-Keonjhar imposing the penalty of compulsory retirement on the petitioner.
(2.)While working as Sheristadar in the Court of the Munsif at Anandapur, by order dated March 21, 1974 the petitioner was transferred to Baripada as Accountant in the office of the District Judge. The order was communicated to him on March 25,1974. On the same day he made a representation requesting for postponement of his transfer on the grounds that his wife was ill, that his son was to appear in the B. A., examination to be held in April of the same year and that his house was under construction. This representation was rejected by letter dated March 27, 1974 and the petitioner was asked to join his new appointment positively by April 2, 1974. Accordingly on March 31, 1974 he handed over charge. On April 2, 1974 he applied for earned leave for 30 days with permission to avail of the summer vacation that followed. This application was on plain paper. A regular pro forma application was submitted by him on April 4,1974. His application was rejected on April 6, 1974 and he was again asked to join his new post at once without fail. On April 8, 1974 the petitioner sent a letter to the Registrar, Civil Courts, Baripada stating that he was unable to proceed as he was ill. In the meantime on account of the petitioner's failure to comply with the order of transfer departmental proceedings were initiated. The charge-sheet dated April 5, 1974 was served on him on April 10, 1974. The charge was that his failure to join the post to which he had been transferred in spite of rejection of his representation constituted gross negligence of duty and disobedience of the order of superior authority.
(3.)In reply to the petitioner's application dated April 4, 1974 and letter dated April 8, 1974 he was informed by the Registrar, Civil Courts, Baripada by letter dated April 17,1974 that his application for leave had already been rejected by order dated April 6, 1974 which had been communicated to him, and the same could not be reviewed. By letter dated April 27,1974 the petitioner still persisted in not joining the post and said he was "not yet cured."