Vishnudeo Narayan, J.

1. This is an appeal under Clause 10 of the Letters Patent directed against the Judgment dated 14.07.2003 by the learned Single Judge of this Court passed in WP (S) No. 711 of 2003, whereby the prayer of the petitioner-appellant for quashing the order dated 06.01.2003 (Annexure 28/A to the writ petition which is Annexure 10 in this appeal) passed by respondent No. 5 Registrar, Co-operative societies, Jharkhand, Ranchi by virtue of which he was compulsorily retired by way of punishment in a disciplinary proceeding has been refused and the said writ petition was dismissed.

2. The learned Single Judge in para 5 of the impugned Judgment while dismissing the writ petition has observed thus :

"From perusal of the affidavits it transpire that the departmental proceeding was conducted and the inquiry report was submitted by the Inquiry Officer. Taking into consideration that the charges against the petitioner were prima facie proved, the impugned order of compulsory retirement was issued. In the light of the facts which have not been disputed by the petitioner. I am of the opinion that the conduct of the petitioner right from the date of the appointment was not fair. It is clear that since the petitioner was practicing in the Patna High Court, he wanted to continue in the said Court in the capacity of Legal Assistant although his appointment was or the post on clerk of compassionate ground. Despite his appointment as a clerk he refused to discharge the duty of a clerk. In my opinion, therefore, there is no jurisdiction in interfering with the impugned order passed by the respondents."

3. The fact giving rise to the writ petition, in short, is that the petitioner-appellant was initially appointed as clerk in the unrevised scale of pay of Rs. 1200-1800 on 10.06.1996 on compassionate ground following the death of his father on 19.02.1990 while working in the Co-operative Department as Co- operative Extension Officer at Lakhaun, Madhubani by Divisional Joint Registrar, Co-operative societies, Darbhanga, Bihar and he joined as clerk on 10.06.1996 in the office of the Assistant Registrar, Co-operative Societies, Benipatti, Madhubani, Bihar and he was deputed on transfer to the office of the Registrar, Cooperative Societies, Bihar, New Secretariat, Patna and on his joining there he was posted in the said office for discharging legal works vide Annexure 2 to the writ petition and during the period of his posting there he did discharge the job relating to legal works. As a result of the bifurcation of the State of Bihar the petitioner-appellant was transferred provisionally in the office of the Registrar, Co-operative societies, Jharkhand, Ranchi with effect from 15.11.2000 vide, Annexure A to the counter affidavit and he was described therein as clerk. He was relieved on transfer with a direction to join in the Co-operative Department of State of Jharkhand positively on 21.11.2000 vide, Annexure-B to the counter affidavit However, the petitioner appellant joined in the office of the Cooperative department on 15.02.2001. The petitioner-appellant filed C.W.J.C. No. 12125 of 2000, challenging his allocation to the newly created State of Jharkhand, under the provisions of the Bihar Reorganization Act which was dismissed and against that he preferred L.P.A. No. 98 of 2001, which was disposed of observing therein having regard to the disputed facts as noticed above that it is not be possible for this. Court to decide whether the petitioner-appellant who is still holding a post of clerk (Lipik) and not substantially absorbed against any of the post of Assistant in the Secretariat can be re-allocated to the newly created State, Jharkhand and in view of the observation the Additional Secretary, Home (Special) Department, Government of Bihar was directed to consider this aspect and if there is any substance with the claim of the petitioner-appellant to take suitable steps in accordance with law. After joining he was allotted c