An appeal against the confirmation of compulsory retirement of an Assistant Manager in the Bihar State Food & Civil Supplies Corporation Ltd. The single judge upholding the order was held to be in consonance with service rules. The appeal was dismissed in limine.
The appeal was dismissed in limine.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.455 of 2011
In
Civil Writ Jurisdiction Case No. 1570 of 2004
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Kanti Prasad, Son of Late Ramji Prasad, resident of village- Sarbahadi, P.S.-Manpur, District-Nalanda.
.... .... Petitioner-Appellant
Versus
.... .... Respondents-Respondents
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Appearance :
For the Appellant : Mr. Dr. Uma Shankar Prasad, Senior Advocate
Mr. Kamala Kant Tiwary, Advocate
For the Respondents: Mr. R.S.Pradhan, Senior Advocate
Mr. Amrendra Narayan Rai, Advocate Mr. Jainendra Kumar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
Patna High Court LPA No.455 of 2011 (5) dt.27-08-2012
2 / 2
The appellant, an Assistant Manager in the Bihar State Civil Food and Civil Supplies Corporation Limited, was compulsorily retired on 10th April 2003 in exercise of power conferred by Rule 29(b) of “the Bihar State Food and Civil Supplies Corporation Service, Conduct and Disciplinary Rules” by giving the appellant three months’ pay in lieu of notice. The amount of pay in lieu of notice was given over to the appellant on 2nd May 2003.
The learned single Judge has upheld the order of compulsory retirement. Therefore, this Appeal.
Learned counsel Dr. Uma Shankar Prasad has appeared for the appellant. He has vehemently argued that the order of compulsory retirement made against the appellant is punitive in nature and that the amount of pay in lieu of notice was not paid simultaneously with the order.
The learned single Judge has discussed the law on the point. We are of the view that the impugned order of compulsory retirement has been made in consonance with the relevant service rules.
No case for interference is made out. Appeal is dismissed in limine.
(R.M. Doshit, CJ)
(Ahsanuddin Amanullah, J)
Pawan/-
2 issues framed by the court
Whether the order of compulsory retirement was made in consonance with relevant service rules.
Whether the claim that the retirement order was punitive andNotice Pay was not paid simultaneously lisist to interfer with the retirement.
Kanti Prasad
The Bihar State Food & Civil Supplies Corporation Ltd.
R.M. Doshit
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
