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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, J.
Anil Kumar Singhs/o Late Bishwanath Singh – Appellant
Versus
State Of Jharkhand Through The Chief Secretary, Govt. Of Jharkhand – Respondent
| Table of Content |
|---|
| 1. basic details of the petitioner. (Para 1) |
| 2. challenge to the order of compulsory retirement. (Para 2) |
| 3. disposal without counter-affidavit due to supreme court ruling. (Para 3) |
| 4. explanation of rule 74b of jharkhand service code. (Para 4 , 5) |
| 5. impugned order is stigmatic and not compliant with service rules. (Para 6) |
| 6. writ application allowed and direction for lawful proceedings. (Para 7 , 8) |
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,
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 under CCS Pension Rules Rule 48 valid in public interest despite good APARs where service record shows multiple punishments indicating doubtful integrity and poor conduct.
Compulsory retirement of public servants is not punitive; it requires a bona fide evaluation of their service record and public interest without prejudicial stigma.
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 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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