Virender Singh, J. - (1.) The order dated 17th July, 2008 passed under Rule 74(kha)(ii) of Jharkhand Service Code, 2001 whereby, the petitioner was compulsorily retired from service with effect from 21st July, 2008, has been challenged by him in the present writ petition.
(2.) The facts narrated in the writ petition are summarized thus: "The petitioner was appointed in the Bihar Judicial Service as a probationer Munsif on 8th March, 1984. He was first promoted as Sub -Judge and then as Additional Judicial Magistrate/Chief Judicial Magistrate where -after he was posted at Giridih with effect from 19th October, 2001. After his promotion to the post of Additional District & Sessions Judge, F.T.C., he joined the said post at Dhanbad on 16th August, 2002. While working at Dhanbad as Additional Sessions Judge, F.T.C, the petitioner received order dated 27th April, 2005 whereby, his service was regularized in the pay -scale of Rs. 16,000 -750 -20,500/ - with effect from 1st July, 2004 and he was absorbed in the Jharkhand Higher Judicial Service cadre. Subsequently, he was granted promotion under "Assured Career Promotion Scheme" vide order dated 30th August, 2006. The petitioner claims that he was never communicated any adverse remark after his entry in the cadre of the Additional District & Sessions Judge except, when a show cause notice dated 6th September, 2007 was issued to him which was replied by him. The petitioner, while working as Additional District & Sessions Judge for about 6 years disposed of a large number of civil and criminal cases and disposal of cases during these years by the petitioner was more than the average disposal of other Additional District & Sessions Judges in the State still, the punitive order of compulsory retirement from service was issued under Memo No. 4403 dated 17th July, 2008."
(3.) Heard Mr. Anand Kumar Sinha, learned counsel for the petitioner, Mr. H.K. Mehta, learned Additional Advocate -General for the State and Ms. Anubha Raut Choudhary, learned counsel for the High Court.;