- (1.) Aggrieved by order dated 29.05.2012 whereby, the petitioner has been retired compulsorily w.e.f. 31.05.2012, the present writ petition has been filed.
(2.) The brief facts of the case are that, the petitioner was appointed as Munsif vide notification dated 28.10.1986 and he joined as probationer Munsif on 26.11.1986. After completion of probation period, the petitioner was confirmed on the post of Munsif. Subsequently, he was promoted to the cadre of Subordinate Judge and he was posted as Sub -Judge -1V, Dumka. Additionally, vide notification dated 30.08.2002 he was conferred power of the Court of Sessions. In October, 2002, he was transferred to Jamtara as Sub Judge -1 -cum -A.C.J.M. -cum -Assistant Sessions Judge, Jamtara. While posted at Jamtara, the petitioner was put under suspension on 21.11.2003 however, the order of suspension was revoked on 16.12.2004 and a departmental proceeding was initiated against him by serving Memorandum of Charge dated 17.02.2005. The petitioner was awarded punishment of stoppage of three annual increments with cumulative effect vide order dated 13.11.2006. Against the said order the petitioner made representation on 28.11.2006 however, the High Court rejected his representation and the decision of the High Court was communicated to him by the Registrar General vide letter dated 24.04.2007. Though, the petitioner during the period 2009 -2012 achieved significant disposal of contested matters and while working as in -charge, Secretary, District Legal Services Authority at Godda, disposed of five cases however, notification dated 29.05.2012 was issued whereby, he has been compulsorily retired from service under Rule 74(b)(ii) of the Jharkhand Service Code, 2001.
(3.) Heard the learned counsel for the parties and perused the documents on record.;