- (1.) By the present writ petition, the petitioner who was a member of Rajasthan Judicial Service has impugned the order of the State of Rajasthan dt.31.03.2010 passed u/R.53(1) of the Rajasthan Civil Service Pension Rules, 1996 (in short 'the Rules of 1996') and was compulsorily retired on recommendations of the High Court.
(2.) The brief facts of the case, which are relevant for the present purpose, are that the petitioner joined service as Munsiff & Judicial Magistrate, First Class on 08.02.1996 and was placed in the senior scale of RJS on 06.06.2001 and was promoted as Additional Chief Judicial Magistrate on 28.05.2002 and as Chief Judicial Magistrate on 18.03.2008.
(3.) While the Officer was working as Chief Judicial Magistrate, Hon'ble the Chief Justice vide order dt.30.11.2009 constituted a Committee of five Hon'ble Judges of this Court to scrutinize the cases of such of the Judicial Officers of the State of Rajasthan who have become deadwood or lost utility to continue in service for compulsory retirement obviously who qualified pre-conditions envisage u/R.53(1) of the Rules, 1996. After constitution, one of the Hon'ble Judge stood retired, Hon'ble the Chief Justice reconstituted the Committee of four Hon'ble Judges and the Committee in its meeting held on 02.03.2010 considered the cases of Judicial Officers including the petitioner and after examining the overall record of service including personal and other files of Officers, arrived at the conclusion that the petitioner became liability to the Judicial Service and public interest warrants compulsory retirement of the Officer and accordingly recommended for his compulsory retirement which was placed before the Full Court and after due deliberation and discussions and perusing the overall service record & ACRs, it was unanimously resolved by the Full Court in its meeting dt.20.03.2010 to accept the report of the Committee & recommended petitioner's compulsory retirement and in consequence thereof vide order dt.31.03.2010, the petitioner was compulsorily retired u/R.53(1) of the Rules, 1996.;