- (1.) By this writ petition, a challenge has been made to the order dated 03.05.2016 of compulsory retirement.
(2.) Learned counsel submits that petitioner entered in judicial service in the year 1990. He was given promotions from time to time. The first promotion was given by the order dated 06.02.2004 and subsequent promotion was by the order dated 08.09.2010 in the cadre of ADJ. Ignoring the two promotions, adverse remarks for the year 1997-98 has been made basis for compulsory retirement. Once the petitioner was given promotion to the higher post subsequent to the adverse remarks, the respondent should have applied "theory of wash off" to ignore the adverse remarks for compulsory retirement. It is in view of the judgment of the Apex Court in case of Baikuntha Nath Das v. Chief District Medical Officer, reported in (1992) 2 SCC 299. Referring to para 34 (iv), emphasis has been laid on the finding of the theory of wash off in case one is given promotion subsequent to the adverse remarks or adversity in service record.
(3.) In view of the judgment aforesaid, the order impugned herein deserves to be set aside.;