CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE HARISH KUMAR)

Date : 07-03-2024 Taking note of the fact that the petitioner is a judicial officer, who was compulsorily retired way back in the year 2013, but despite repeated deferments and the appropriate opportunity allowed, consistently none appeared on behalf of the petitioner, hence, this Court, for the ends of justice, appointed Mrs. Smriti Singh, as Amicus Curiae, in the instant writ application for assisting the Court on behalf of the petitioner.

2. Mr. Piyush Lall, learned advocate, represents the Patna High Court and Mr. U.S.S. Singh, learned GP-19, represents the State.

3. The petitioner who was an officer of 22nd Batch of Bihar Judicial Service and was appointed and submitted his joining on 04.07.1989 on the post of Munsif, on being aggrieved by Notification No. 18521 dated 05.12.2013 of the Department of the General Administration, Government of Bihar, by which he was compulsorily retired from Bihar Judicial Service in public interest under Rule 74(b)(ii) of the Bihar Service Code, 1952 has filed the present writ petition, seeking quashing of the same. The petitioner also sought quashing of the Order No. 226A dated 11.12.2013 issued by the learned District and Sessions Judge, Gopalganj, relieving him from judicial works in view of Letter No. 6887/Admn.(Appt.) dated 07.12.2013 of the Patna High Court and directed him to handover the charge of his court and office being that of Munsif, Gopalganj.

4. The short facts, which led to the filing of the present writ petition are that while the petitioner was posted as Munsif in the judgeship of Gopalganj, certain allegation petition was received in the Patna High Court, whereupon a report was called for from the concerned District and Sessions Judge and the matter was placed before the learned Inspecting Judge of the judgeship along with the report.

5. On being dissatisfied with the explanation submitted by the Presiding Officer concerned, the matter was placed before the Standing Committee. In the meantime, further joint allegation petition by a team of advocates against the petitioner was also received in the High Court, which was also placed before the Standing Committee through the learned Inspecting Judge of Gopalganj after receipt of a report of the District and Sessions Judge, Gopalganj.

6. The Standing Committee of the Patna High Court, having considered the minutes of the learned Inspecting Judge; the report of the concerned District and Sessions Judge and the explanation submitted by the petitioner, directed the Registry to place the matter with the entire service records and the allegation file.

7. The Standing Committee having took note of the confidential remarks recorded by the concerned District Judge of the judgeship and the service record, which revealed that altogether eleven allegation petitions were processed against the petitioner, out of which, seven allegation petitions were disposed off and three allegation petitions were found pending against him at the relevant time. From the service record, it also appeared that a departmental proceeding was initiated against the petitioner vide Memo No. 16287/Legal Cell, dated 10.12.2007 and the charges of insubordination and misconduct were alleged against him, leading to his suspension, which finally culminated into dropping of the departmental proceeding with warning to be careful in future vide Memo No. 4652 dated

28.03.2009.

8. Having considered all the afore-noted gamut of facts, the service record of the petitioner and his dubious probity, the Standing Committee of the Patna High Court, resolved to recommend that in exercise of power conferred under Rule 74(b)(ii) of the Bihar Service Code, 1952, he be retired from his service in public interest and he be paid three months salary and other allowances in lieu of notice. The afore- noted resolution was put in the Full Court meeting of the High Court held on 05.10.2013 and it was resolved that the petitioner be retired from