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K. VINOD CHANDRAN, PARTHA SARTHY
Principal Secretary to the Hon’ble Governor Raj Bhawan, Patna. – Appellant
Versus
Mehfooz Alam – Respondent
Partha Sarthy, J.—Heard learned Senior Counsel for the appellants and learned Counsel for the respondents.
2. The instant appeal has been preferred against the judgment dated 18.5.2022 whereby the learned Single Judge was pleased to allow CWJC no.23655 of 2018 filed by the writ petitioner-respondent no.1.
3. The case of the writ petitioner in brief is that he was working as a daily wage employee in the Governor’s Secretariat, Bihar at Patna when on 27.11.1991, he was made a Class-III employee. His service was regularised as Lower Division Clerk on 3.1.2008 and he was working in the said capacity in the Governor’s Secretariat when by the order impugned dated 2.7.2018, purportedly passed under Rule 74 of the Bihar Service Code, the writ petitioner was compulsorily retired from service.
4. Challenging the said order in CWJC no.23655 of 2018, the writ application having been allowed, the instant appeal has been preferred by the writ respondent nos. 2 and 3.
5. Learned Senior Counsel for the writ respondentsappellants submitted that there is no illegality in the order passed under Rule 74 of the Bihar Service Code compulsorily retiring the writ petitioner and the learned Single Judge has er
Compulsory retirement under Rule 74 of the Bihar Service Code does not require prior notice or a charge memo, and is not considered punitive, thus principles of natural justice do not apply.
Compulsory retirement is not a punishment and serves public interest by weeding out ineffective employees, validated by a consistent record of penalties.
An order of compulsory retirement must not be stigmatic under Rule 74B of the Jharkhand Service Code; allegations against the petitioner rendered the order unjustifiable.
Compulsory retirement is not a punishment and does not require a hearing under Article 311; it is based on the government's subjective satisfaction regarding public interest.
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