S.J.MUKHOPADHAYA, J. - (1.) THE petitioner was a member of Bihar Judicial service. He was compulsorily retired from service in public interest under Rule 74 (b) (ii) of Bihar Service Code, vide order dated 22nd December, 1997. It was challenged by him in C.W.J.C. No. 4715 of 1997, wherein the order was set aside by this Court on 14th December, 1999 on the ground of non -giving of three months ' notice or three months ' pay in lieu thereof. The authorities were given liberty to proceed further, whereinafter three months ' notice was served on petitioner and on consideration of the matter, the petitioner was again compulsorily retired from service, vide impugned order dated 9th March, 2000.
(2.) IN the present case, the petitioner has again challenged the order of compulsory retirement dated 9th March, 2000 issued under Rule 74(b) (ii) of Bihar Service Code. In the writ petition, while the petitioner has pleaded the aforesaid fact, plea has been taken that the order dated 9th March, 2000 is without jurisdiction, mandatory provision of Rule 74 (a) of Bihar Service Code having not followed.
(3.) AT the time of argument, the counsel for the petitioner submitted that the petitioner having not completed 25 years of service to get pension, there was no occasion to compulsorily retire the petitioner under Rule 74(b) (ii) and, in fact, the mandatory provision of Rule 74(a) should have been followed.;