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2025 Supreme(Jhk) 1086
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, J.
Anil Kumar Singh S/o late Bishwanath Singh - Petitioner
Vs.
State of Jharkhand - Respondent
W.P(S) No. 128 of 2022
Decided On : 06-01-2025
Important Points
Subject
Administrative Law - Service Law
Act Referred
Headnote
(B) Stigmatic orders - An order that is based on allegations and found to be stigmatic is not in compliance with Rule 74B, which should be non-stigmatic. Court set aside the impugned order as it was not in accordance with the prescribed service rules. (Paras 6, 7)
Facts of the case:
The petitioner, a Range Forest Officer, was compulsorily retired by the state government based on Rule 74B(iii) citing efficiency concerns without departmental proceedings being initiated against him.
Findings of Court:
The impugned order was declared not in accordance with Rule 74B of the Jharkhand Service Code and was set aside since it was found to be stigmatic.
Issues: The key issues include whether the compulsory retirement order complies with Rule 74B of the Jharkhand Service Code and if such an order can be considered stigmatic based on the circumstances of the case.
Ratio Decidendi: The court held that an order of compulsory retirement under Rule 74B must not be stigmatic, and the allegations against the petitioner made the order unjustifiable under the service rules.
Result: Writ application allowed.
Advocate Appeared:
For the Respondents: AC to AAG-II
| 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, 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.
------
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
