H.L.GOKHALE, J.M.PANCHAL
High Court of Judicature at Patna – Appellant
Versus
Madan Mohan Prasad – Respondent
JUDGEMENT
J.M. Panchal, J. —
Leave Granted
2. This appeal by grant of special leave, is directed against judgment dated June 27, 2008, rendered by the Division Bench of High Court of Judicature at Patna in Civil Writ Jurisdiction No. 6538 of 1990 by which the High Court of Patna on its administrative side is directed to consider the case of promotion of the respondent No.1 as also grant of consequential benefits to him in accordance with law.
3. The respondent No.1 was appointed to the Bihar Judicial Service as Munsif at Hajipur on January 13, 1955. On May 9, 1970, High Court of Patna recommended to the State Government the dismissal of respondent No.1 from service. On the basis of recommendation made by the High Court, the State Government issued a Notification dated January 15, 1972, dismissing the respondent No.1 from service. Thereupon the respondent No.1 filed W.P. No.121 of 1972 under Article 32 of the Constitution challenging his dismissal from service before this Court. The petition filed by the respondent No.1 was allowed vide judgment dated February 23, 1972 on the ground that the termination of service was stigmatic and was ordered without holding an enquiry. It may be
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