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.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(S) No. 128 of 2022 -----

Anil Kumar Singh, aged about 56 years, s/o late Bishwanath Singh, Permanent r/o MIG-C-115, Harmu Housing Colony, Ranchi 834002, PO Doranda & PS Argora, Dist. Ranchi … Petitioner(s).

Versus

1. State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Jharkhand Mantralaya, Project Building, Dhurwa Ranchi-834004

2. Additional Chief Secretary, Govt. of Jharkhand, Depart. Of Forests Environment and Climate Change, Jharkhand Mantralaya, Nepal House, Doranda, PO & PS Doranda, Dist. Dhurwa Ranchi-834004

3. Principal Secretary, Department of Cabinet Secretariat Vigilance, Govt. of Jhakrhand, Ground Floor, Project Bhawan, Dhurwa, PO & PS Dhurwa, Dist. Ranchi 834004

4. Principal Secretary to the Chief Minister, Govt. of Jharkhand, Chief Minister Secretariat, Kankey Road, PO GPO, Ranchi, & PS Gonda, Dist. Ranchi, 834001

5. Under Secretary, Depart. Of Forests, Environment & Climate Change, of Jharkhand Mantralaya, Nepal House, Doranda PO & PS Doranda, Dist. Ranchi 834002

6. Chief Conservator of Forests (Gazetted), Jhakrhand, Van Bhawan, Doranda, PO & PS Doranda Dist. Ranchi 834002

7. Shri Ashok Kumar I.Fo.S. Chief Conservator of Forests (Gazaetted), Jhakrhand, Van Bhawan, Doranda, PO & PS Doranda, Dist. Ranchi

834002

8. Shri Sunil Kumar, JAS (Retired ) the then Officer on Special Duty, dealing with the Van Bhumi and Budget Matters in the Department of Forests, Environment and Climate Change, Govt. of Jharkhand, Nepal House, Doranda, PO & PS Doranda, Dist. Ranchi 834002

9. Shri Manoj Kumar Gupta, JFS(Retired), the then Officer on Special Duty, dealing with the Legal Matters in the Department of Forests, Environment & Climate Change, Govt. of Jharkhand, Nepal House, Dorand PO & PS Doranda, Dist. Ranchi 834002

10. Shri Santosh Choubey, JSS under Secretary, the Depart. Of Forests, Environment & Climate Change, Govt. of Jharkhand, Nepal House, Dorand Ranchi 834002 … Respondent(s).

CORAM :SRI ANANDA SEN, J.

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For the Petitioner(s) : In person For the Respondents : AC to AAG-II …......

05 /06.01.2025:

This writ of certiorari.

2. In this writ of certiorari, petitioner has challenged the impugned order dated 07.07.2021 as contained in Memo No. 1829 issued by the Additional Chief Secretary, whereby and whereunder by invoking Rule

74B (iii) the petitioner has been compulsorily retired in public interest.

3. Since this is a writ of certiorari and a written order of compulsorily retirement has been challenged wherein reasons has been mentioned, it is not necessary to call for any counter-affidavit as no reasons can be supplemented to any impugned order as per decision of the Hon’ble Supreme Court in the case of Mohinder Singh Gill Vrs. Chief Election Commissioner New Delhi & Ors. reported in (1978) 1 SCC 405 Thus, I am disposing of this writ application.

4. The petitioner was working as Range Forest Officer, Pakur Forest Division. By the impugned order, he was compulsorily retired by invoking Rule 74B(iii) of JHARKHAND SERVICE CODE . Rule 74 of the JHARKHAND SERVICE CODE reads as follows:-

“74. (a) The State Government may require any Government servant who has completed twenty one years of duty and twenty-five years of total service calculated from the date of his first appointment to retire from Government service, if it considers that his efficiency or conduct is not such as to justify his retention in service. Where any Government servant is so required to retire, no claim to any special compensation shall be entertained.

[(b) Notwithstanding anything contained in the precedin