CAV JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 18-01-2024 A Judicial Officer compulsorily retired from service is before this Court challenging his severance from service.

2. Shri Jitendra Kumar Singh, learned Senior Advocate appeared for the petitioner and argued for setting aside the order of compulsory retirement. The petitioner who was initially appointed as a Civil Judge (Junior Division) was promoted as a Civil Judge (Senior Division) and immediately thereafter suspended from service. The suspension was based on allegations with respect to which an inquiry was initiated. The inquiry was proceeded with and the evidence of the department was completed. While so, abruptly the proceedings were kept in abeyance as also the suspension and the officer was compulsorily retired. The learned Senior Counsel would stress on the aspect of the hasty manner in which the compulsory retirement was carried out especially when the inquiry was at the stage of the evidence of the delinquent employee. The doctrine of pleasure insofar as a compulsory retirement is concerned, cannot be invoked in a vacuum nor on extraneous considerations. When charges have been levelled and a disciplinary pro