STATE OF BIHAR Vs. BACHCHA LAL DAS

JUDGEMENT

(1.) This Letter Patent Appeal is directed against the judgment, dated 11 -12 -1989 of a learned Single Judge of this Court allowing the respondent's petition under Articles 226 and 227 of the Constitution of India challenging validity of the State Government's order, dated 24 -1 -1989 retiring the respondent prematurely from Jail Service in terms of Rule 74(b)(ii) of the Bihar Service Code.

(2.) In view of short and limited question involved in this appeal, it is needless to state facts of the case in detail.

(3.) In March 1966 the respondent was initially appointed as a Superintendent in the Junior Branch of the Bihar Jail Service and was confirmed on that post on 1 -3 -1970. There was some delay in confirmation on account of some adverse remarks against him. In course of his service, he was posted at different places and was also suspended on certain charges on different occasions. The suspensions were, however, revoked either by the Government or on the order of this Court.