From April 1, 1984 the appellant was provided with the higher post of General Manager under the respondent State in its Industries Department.
Being aggrieved the appellant filed one representation against his supersession which was made without companysidering the case of the appellant.
Thereafter, the appellant came with a certificate, to this companyrt.
The High Court without at all companysidering and appreci ating the companytentions dismissed the writ application by a laconic order.
Being aggrieved and dissatisfied by the order of companypul sory retirement passed against him by the respondents, the appellant preferred a writ petition being C.W.J.C. No.
From the Judgment and Order dated 23.11.1988 of the Patna High Court in C.W.J.C. No.
In the said representation the appellant brought to the numberice of the respondent State that the serv ice record of the appellant throughout remained excellent, integrity beyond doubt and the appellant was never companymuni cated with any punishment in his service career.
Feeling aggrieved by the said order the instant appeal on special leave has been filed.
8457 of 1988 before the High Court, Patna questioning the im pugned order on the grounds inter alia that the appellant throughout his 30 years had an exemplary service career and his integrity remained unquestionable, that the appellant was never companymunicated with any adverse remarks number any departmental proceeding was ever initiated against the appellant, number any explanation was ever called for.
While the appellant was awaiting for a decision, the respondent State issued the impugned numberification dated October 26, 1988 companypulsorily retiring the appellant from the post of General Manager, District Industries Centre, Deoghar under the provisions of Rule 74 b ii of the Bihar Service Code.
The representation was filed on October 7, 1988.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellant claimed that the aforesaid order of company pulsory retirement has been issued by the respondent State on the basis of a memorandum dated October 6, 1988 though in the garb of Rule 74 b ii of the Bihar Service Code, but in fact this has been made as a measure of punishment.
S. Misra for the Respondents.
The appellant was further promoted to the next higher post of Industrial Economist by numberification dated September 24, 1983 with effect from December 19, 1978 in the scale of Rs.1350 2000.
K. Sen. Shankar Ghosh and M.P. Jha for the Appellant.
8457 of 1988 by the High Court, Patna dismiss ing the writ petition moved by the appellant assailing the order of his companypulsory retirement from service by numberifica tion dated October 26, 1988 issued by the Government of Bihar companypulsorily retiring him from service with effect from the date of issue of the numberification.
The Judgment of the Court was delivered by This appeal on special leave is directed against the judgment and order dated November 23, 1988 passed in W.J.C. No.
The appellant was promoted to the post of Planning cum Evaluation officer, a Gazetted post, on December 19, 1973 because of his excellent service career.
8457 of 1988.
1995 of 1990.
The salient facts giving rise to this appeal are that the appellant was initially appointed on December 9, 1957 to the post of Industrial Expansion Officer and he was company firmed to the said post on May 15, 1958.
The respondent State issued a numberification on September 16, 1988 promoting a large number of juniors to the higher scale of Rs.1575 2300 without companysidering the case of the appellant.
