ALTAMAS KABIR, J. - (1.) THIS writ petition has been referred to the Division Bench for hearing and disposal since it involves a question regarding invocation of Rule 74(b)(ii) of the Jharkhand Service Code by the State Government on the recommendation of the Jharkhand High Court recommending compulsory retirement of the writ petitioner.
(2.) THE petitioner was appointed as Munsif in the Bihar Judicial Service in the year 1975 and was confirmed in the said post with effect from 24th June, 1977. He was promoted to the post of Sub -Judge on 15th May, 1992 when he was posted at Hazaribagh as Sub -divisional Judicial Magistrate. In June, 1992, the petitioner was transferred to Bhagalpur in the same capacity during which tenure he had occasion to entertain a suit, being Title Suit No. 214 of 1995, filed by the Secretary, Passenger 'sAssociation for preventing movement of mechanized country boats in the river Ganges. According to the writ petitioner, he allowed an application for injunction filed by the plaintiff in the suit regarding the settlement of Bhagalpur Ferry Station, as a result whereof, one Suresh Narayan Singh was allowed the right to operate the ferry services. It appears that thereafter, one Sri Ratnesh Narain Singh was added as a party in the suit and the same led to various revision application being filed in the Patna High Court and allowing the said revision application, the Patna High Court by its judgment and order dated 11th April, 1996 made certain adverse remarks against the petitioner. The petitioner was transferred to Madhubani in the same capacity as Sub -Judge and according to him, in the month of January 1996, he was vested with the powers of Additional Chief Judicial Magistrate upon an evaluation of his service records and performance. According to the petitioner, he was served with two Articles of Charge vide Memo dated 24th August, 1996 requiring him to explain as to why a departmental proceeding should not be started against him for having allowed Ratnesh Narain Singh to intervene in the suit filed by the Secretary, Passengers, Association and further allowing him to ply vessels at Bhagalpur Station ferry. According to the petitioner, he duly showed cause by his letter dated 23rd September 1996 but being dissatisfied with the explanation given, the High Court at Patna decided to initiate a departmental proceeding against the petitioner: The District Judge, Bhagalpur, was appointed as the Enquiry Officer. The petitioner filed his explanation before the Enquiry Officer and requested him to drop the charges. The petitioner also filed two writ applications for expunging the remarks contained in the judgment of the Patna High Court, but the same were dismissed on 22nd October 1997 by a common order. Aggrieved by the said decision. the petitioner moved the Hon ble Supreme Court in Civil Appeal Nos. 1461 and 1462 of 1998, which were heard together and dismissed in limine on 4th December, 1998. Thereafter, the departmental proceedings continued from day -to -day and after the petitioner placed his case before the Enquiry Officer, he was transferred to Koderma in June, 1999 as Sub -Judge -I -cum Addl. Chief Judicial Magistrate -cum -Assistant Sessions Judge -cum -Judge In -charge of the independent subdivision and his pay was also upgraded with effect from 15th April, 1997.
(3.) WHILE the petitioner was posted in Koderma, he was served with an order dated 17th July, 2001 issued by the Department of Personnel and Administrative Reforms, Government of Jharkhand, informing him that in the public interest he had been compulsorily retired from service with effect from 17th July, 2001.;