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ASHUTOSH KUMAR, PARTHA SARTHY
Sudhir Kumar Sinha – Appellant
Versus
High Court of Judicature at Patna – Respondent
Ashutosh Kumar, ACJ.—On the recommendation made by the Patna High Court vide Letter No. 14571, dated 09.03.2022, His Excellency, the Governor of Bihar, issued a notification dated 16.03.2022, compulsorily retiring the petitioner from his service by invoking Rule 74(b)(ii) of the Bihar Service Code (in short the Code).
2. The afore-noted order of compulsory retirement is under challenge in the present petition.
3. We have heard Mr. Rajendra Narain, the learned Senior Advocate for the petitioner/Judicial Officer and Mr. Piyush Lall, the learned counsel for the Patna High Court. The State is represented by Mr. Sanjay Kumar Ghosarvey, the learned AC to AAG-3.
4. The issues raised in the present petition are as follows:—
(i) There were no sufficient material evidences available before the High Court against the petitioner to form any bonafide opinion that he has become a dead wood and that his services were not needed in public interest.
(ii) The recommendation of the High Court and the decision of the Government suffers from the vice of malafide’ and unreasonableness.
(iii) The appointing authority was required to subjectively test the recommendations made by the Patna High Court on the anvi
Compulsory retirement is upheld as a non-punitive measure if based on formal assessments of efficiency; judicial review is limited to ensuring decisions are not arbitrary or mala fide.
Compulsory retirement of public servants is not punitive; it requires a bona fide evaluation of their service record and public interest without prejudicial stigma.
The legal framework for compulsory retirement of a judicial officer in public interest involves subjective satisfaction of the government, limited judicial review, and the consideration of the office....
Point of Law : Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter. The standards of probity, con....
The decision to compulsorily retire a judicial officer should be based on the entire service records, including adverse entries, and the subjective satisfaction of the authority concerned. The court ....
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