- (1.) The petitioner has challenged the order of compulsory retirement dated 22.06.2000 passed by the respondent-Bank in exercise of power under Rule 74(b)(ii) of the Bihar Service Code whereby the petitioner has been ordered to retire from service with effect from 31.07.2000. Brief facts of the case are that, the petitioner was appointed on 11.01.1972 as Assistant in the respondent-Bank. His date of birth duly recorded in the service-book is 15.07.1948 and therefore, the petitioner was originally due to superannuate from service with effect from 15.07.2006. It is the case of the petitioner that no departmental enquiry was ever initiated during the entire service tenure of the petitioner, nor any criminal case was ever instituted against him. It appears that on 07.08.1999, the Establishment Committee of the respondent-Bank took a decision in pursuance of which order dated 22.06.2000 was passed compulsorily retiring the petitioner from service. The petitioner has challenged the said order by filing the present writ petition.
(2.) A counter-affidavit has been filed in which it has been admitted that the provisions of Bihar Service Code would apply. It has also been stated that the financial condition of the respondent-Bank was not good and therefore, the Establishment Committee of the respondent-Bank in its meeting dated 07.08.1999 unanimously resolved that all such employees of the Bank who have lost their utility and have become useless for the Bank and their future continuance in the service of the Bank is not considered desirable in the public interest, would be retired from service. It has further been stated that the petitioner was habitual absentee without information or authorised leave and as such functioning of the Bank was hampered. The petitioner was issued show-cause on 22.09.1999 directing him to reply within two days. Under these circumstances, the order of compulsory retirement dated 22.06.2000, has been contended to be just and legal by the respondent-Bank.
(3.) Heard the learned counsel for the parties and perused the documents on record.;