HARISH KUMAR, J.:–Heard Mr. Kumar Kaushik, Mr. Sanjeev Kumar and Mr. Suman Kumar Jha, learned Advocate for the petitioner, High Court and the State respectively.

2. The petitioner, by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India has sought quashing of the notification contained in Memo No. 12095 dated 17.12.2020 (Annexure-P/30B) whereby the petitioner has been dismissed from service in exercise of powers under Clause (b) of the second proviso to Article 311(2) of the Constitution of India read with Rules 14 and 20 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 with effect from the date of notification no. 2011 dated 12.02.2014 (Annexure- P/7C); with a stipulation that the petitioner shall not be entitled to any post retiral or other service benefits.

3. The petitioner further sought a direction upon the respondent authorities to grant all the post-retiral and the other consequential benefits to which the petitioner is found to be entitled, including the arrears of salary for the period from 12.02.2014 to the date of his superannuation i.e. 31.07.2014, during which he was kept out of employment due to earlier order of dismissal contained in notification no. 2011 dated 12.02.2014, which has since been set aside by this Court vide order and judgment dated 19.05.2015 passed in C.W.J.C. No. 8636 of 2014.

4. The facts of the case as gleaned from the record is that the petitioner was appointed as Munsif in the year 1984, in the 20th Bihar Judicial Service Examination and subsequently he was confirmed in service vide notification dated 28.11.1988. He was promoted to the post of Subordinate Judge and thereafter to the post of Additional District & Sessions Judge. The petitioner was finally promoted to the post of District & Sessions Judge and directed to be posted as Principal Judge, Family Court, Samastipur vide notification dated 28.11.2012, issued by the General Administration Department read with letter no.18161 dated 29.11.2012 issued by the Patna High Court.

5. It would be apt to state here that earlier the petitioner was dismissed from his service vide notification no. 2011 dated 12.02.2014, which was assailed in C.W.J.C No. 8636 of 2014. The aforesaid writ petition was allowed with certain observations and directions, giving liberty to the respondent authorities to proceed afresh vide judgment and order dated 19.05.2015 (Annexure-14 Series to the writ petition).

6. However, being aggrieved to the part of the aforenoted judgment and order to the extent liberty was granted to the respondent authorities to proceed afresh, the petitioner assailed the same by way of Special Leave Petition, converted into an appeal, bearing Civil Appeal No. 3105 of 2017 before the Apex Court, which stood dismissed vide order and judgment dated 08.11.2019.

7. Pursuant to the aforenoted order/judgment passed by this Court, duly affirmed by the Hon’ble Supreme Court, a Sub-committee of Patna High Court considered the matter of the petitioner afresh and after detailed examination of the matter as well as the evidence on record vide minutes dated 03.08.2015 recommended that the departmental proceeding and enquiry may be dispensed with and the petitioner be dismissed from service with effect from the date on which he had earlier been dismissed and be also deprived of the retiral dues and other benefits as well. The aforesaid recommendation of the Sub-committee of the High Court was accepted by the Full Court vide its resolution dated 07.08.2015. However, by the time necessary notification could be issued by the General Administration Department, Government of Bihar, the Civil Appeal No.3105 of 2017, giving rise to SLP (Civil) No.26473 of 2015 filed by the petitioner along with other two judicial officers came up consideration before the Supreme Court, which stayed the operation of the impugned judgment and order dated 19.05.2015 passed in C.W.J.C. No. 8636 of 2014.

8. The a