ALTAMAS KABIR, J. - (1.) THIS writ application involves the invocation of Rule 74(b)(ii) of the Jharkhand Service Code in respect of the petitioner 'sservice as a judicial officer and the matter has been referred by the learned Single Judge to the Division Bench for hearing and disposal, along with several other cases of similar nature.
(2.) THE petitioner was selected and appointed as a Judicial Magistrate with the approval of the Patna High Court and on 2nd April 1975, he joined the service as Munsif In Khagaria and was also confirmed in service as Judicial Magistrate/Munsif Magistrate by the Patna High Court. In the year 1989, he was granted promotion and posted at Sahebganj and subsequently, he was transferred and posted as Sub -Judge -1 -cum -Addl. Chief Judicial Magistrate. Katihar in the year 1992. Thereafter, he was transferred to Shekhpura in the district of Monghyr with Sessions power. According to the petitioner, he had always enjoyed a very good reputation as a judicial officer which would be reflected from his Annual Confidential Reports while he was posted in the district of Sahebganj and thereafter at Katihar. But after he was transferred to Shekhpura under Monghyr Judgeship in 1996, he was targeted by people with vested interests, including the Inspecting Judge of the Patna High Court, Justice S.K. Singh and the then District Judge, Monghyr. The petitioner has mentioned that one Vijay Kumar, an Advocate of Shekhpura, made a complaint against the petitioner to the Patna High Court on 26th June, 1996 and even resorted to agitation in front of the petitioner 'schambers for which the petitioner had to be provided with security, both in and outside the Court. According to the writ petitioner, even after his transfer from Shekhpura to Bokaro, he was subjected to the same humiliation and harassment, since Hon ble Mr. Justice S.K. Singh of the Patna High Court was coincidentally made the Inspecting Judge at Bokaro Judgeship. According to the writ petitioner, while, on the one hand, in the report dated 13th August, 2000, the Inspecting Judge had indicated that no complaint had been heard regarding the petitioner 'sintegrity, he, however, categorized the petitioner as an officer of average quality. It will appear from paragraph 20 of the writ petition that the petitioner had been placed under suspension and the same was challenged by him in Patna High Court in CWJC No. 5058 of 2001, which was withdrawn by him on 3rd May, 2001 as in the meantime, after the enactment of the Bihar Reorganisation Act, 2000 , the petitioner was ordered to report to the Jharkhand cadre. Soon thereafter, by order dated 17th July, 2001 passed under Rule 74(b)(ii) of the Jharkhand Service Code, the petitioner was made to retire compulsorily.
(3.) APPEARING in support of the writ petition, Mr. Jay Prakash Jha, learned Senior Advocate, contended that the petitioner 'smiseries had started after he had been posted as Sub -Judge -1 -cum - Addl. -CJM -cum -Assistant Sessions ' Judge, Incharge Nazarat at Shekhpura under Monghyr Judgeship on account of various factors, including caste factor, which prejudice the Hon ble Inspecting Judge of the Patna High Court and learned District Judge, Monghyr against the petitioner. The activities of Sri Vijay Kumar, Advocate, of Shekhpura caused the petitioner to file Criminal Contempt proceeding against Sri Vijay Kumar and another, being Cr. Misc. No. 20 of 1996 which was ultimately dropped as the said Sri Vijay Kumar and other concerned lawyers tendered their unconditional apology.;