- (1.) HEARD the parties.
(2.) IN this writ application the petitioner has challenged the order dated 24.08.2006 contained in Annexure -6 to the writ application, whereby the petitioner, who was a Judicial Officer of the rank of Sub -Judge and who had completed the age of 50 years, was asked to compulsory retire from the service as Sub -Judge with effect from the forenoon of 28.06.2006 under Rule 74 (b) (ii) of Jharkhand Service, Code in public interest after giving three months salary in lieu of notice. The case of the petitioner is that he joined the Judicial Service on 12.12.1986 as Judicial Magistrate. Vide notification dated 14th August 2002 while he was posted as Sub -Divisional Judicial Magistrate, Madhupur at Deoghar, he was given promotion from the cadre of Munsif to the post of Sub -Judge alongwith the other Judicial Officers. His date of birth is 03/01/1954 and he was to superannuate from service after completion of the age of 60 years and, therefore, he was to continue in service till 31/01/2014. According to the petitioner, no departmental enquiry was initiated against him at any point of time and he performed his job sincerely and had good reputation at the places wherever he was posted. He was never served with any show cause notice for dereliction in duty etc. It is submitted that the petitioner was shocked to know that he was asked to compulsory retire after completing the age of 50 years in the public interest by the Governor by utilizing the power under Rule 74 (b) (ii) of Jharkhand Service Code.
(3.) THE grievance of the petitioner is that the order of compulsory retirement is a major punishment and, therefore, without any notice to show cause or a chance of being heard such order of compulsory retirement as contained in Annexure -6 to the writ application, could not have been passed.;