The High Court dismissed the writ petition challenging an order of compulsory retirement from service. The Court found no procedural irregularity and held that the penalty was a lenient measure compared to dismissal, consistent with previous directions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7945 of 2012
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... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Hemendra Pd. Singh, Sr. Advocate Mr. Ram Naresh Ray, Advocate Mr. Yogendra Kumar, Advocate For the Respondent/s : Mrs. Binita Singh, SC 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT
Date : 02-01-2024
Heard Mr. Hemendra Pd. Singh, learned senior advocate appearing on behalf of the petitioners and Mrs. Binita Singh, learned counsel appearing on behalf of the State.
Patna High Court CWJC No.7945 of 2012 dt.02-01-2024 2/4
aside the office order contained in Memo no. 448 dated 15.02.2012 issued under the signature of respondent no. 2 whereby and whereunder the petitioner has been compulsory retired from service from the post of temporary clerk.
Patna High Court CWJC No.7945 of 2012 dt.02-01-2024 3/4
10.05.2010. The original writ petitioner has challenged the said order in CWJC No. 10776 of 2010 whereby the Hon’ble Court was pleased to set aside the order of dismissal vide order dated 09.11.2011 and directed the respondents to pass fresh order of punishment as they may deem fit and proper in accordance with law.
Patna High Court CWJC No.7945 of 2012 dt.02-01-2024 4/4
petitioner has passed the order of punishment from dismissal from service to compulsory retirement and the petitioner was found guilty in the proceeding and the Hon’ble Court in CWJC No. 10776 of 2010 has not found any procedural irregularity in the conduct of the departmental proceeding. The finding in departmental proceeding are to be based on the preponderance of probability and the Hon’ble Court has no reason to interfere with the finding of the enquiry officer holding the petitioner guilty at sub charge no. 1.
(Rajesh Kumar Verma, J)
Vanisha/-
| AFR/NAFR | NAFR |
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| CAV DATE | N/A |
| Uploading Date | 09.01.2024 |
| Transmission Date | N/A |
1 issue framed by the court
Whether the impugned order of compulsory retirement is sustainable given the guilty findings in the departmental enquiry?
Pramila Devi
Prasant Kumar Mehra
Nishikant Kumar Ranjan
The State Of Bihar
The Secretary-Cum-I.G. Registration, Bihar
The Assistant Inspector General Of Registration, Bihar
Rajesh Kumar Verma
As recorded by the court registry
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