Binod Kumar Roy and Ram Nandan Prasad JJ.

1. In this writ application, the petitioner, who at the relevant time was an officiating Subordinate Judge posted as Additional Subordinate Judge, Ranchi and who was found guilty of the charges levelled against him, prays for issuance of an appropriate writ, direction or order for treating the order contained in Memo No. 380 V-92/dated Patna the 29th March, 1983 of this Court (Respondent No.2) as contained in Annexure-l as non-est void, inoperative, arbitrary, un-constitutional and violative of his fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution of India and to issue a writ of mandamus directing the Respondents to treat him to be promoted as an Additional District Judge and District Judge retrospectively in view Of the notification dated 25-2-1979 of the Department of Personal and Administrative Reforms of the Government of Bihar as contained in Annexure-2 and also to grant consequential benefits of promotion and other advantages which he would hive been entitled in due course and to pay all salaries and allowances during the period in .which he was under suspension and to award compensation of rupees ten lacs to him.

2. The petitioner asserts that he was appointed as Munsif in the Bihar Civil Service (Judical Branch) in the year 1958 and was promoted as an Additional Subordinate Judge, in July, 1972, he crossed his first efficiency bar in the year 1973 and the second efficiency bar in 1975 with effect from 11-2-1974, ho was also Chief Judicial Magistrate and Assistant Sessions Judge, Nawadah from April, 1974 and was drawing maximum salary of Subordinate Judge and his confidential remark for the year 1975-76 was excellent ; that his trouble started in the year 1976 when he incurred the displeasure of the then Hon ble Judge, Administrative Department of this Court on account of his pretest, when the name of his relation was recommended for the special post of Under Secretary, Law Department, Government of Bihar against his rightful claim and seniority ; that in January, 1976 several Subordinate Judges were confirmed except him though he was fit to be confirmed against several vacancies existing at that time ; that further in August, 1976 names of some Subordinate Judges above him were recommended for promotion to the post of Additional District Judge leaving some posts vacant for his promotion but his name was not recommended at that time ; that on 2-5-1977 he was superceded though eligible and no adverse report of any kind was communicated to him ; that no reason was assigned by this Court for his supersession and hence Respondent No. 1, the State of Bihar, after examining the excellent service record and finding that the Officers having inferior service record than the petitioner, were recommended for promotion as Additional District Judge, demanded reasons from this Court for superceding him but this Court vide letter .dated 2-8-1977 refused to disclose the reasons and took a stand that the Government has no authority to ask for reasons for supersession from this Court ; that respondent No. 1 did not accept the stand of this Court and insisted for disclosing the reasons ; that on 9-2-1978 this Court confirmed the Subordinate Judges, junior to him and took up a stand before the Government that since he is not a confirmed Subordinate Judge, he could not be promoted as an Additional District Judge : that the Government was not convinced as the names of all the un-confirmed Subordinate Judges were recommended for promotion and accordingly vide notification dated 25-2-1978, as contained in Annexure-2, kept one post reserved for him and asked this Court to disclose reasons for supersession or to recommend his name for promotion as an Additional District Judge ; that as this Court did not recommend his name for promotion, he filed a writ application under Article 32 of the Constitution of India before the Hon ble Supreme Court which was dismissed in th