(Ranjan Gogoi, Navin Sinha and K.M. Joseph, JJ.)
Yashwant Kumar Shahi _____________________________ Petitioner;
v.
State of Jharkhand and Another ____________________ Respondent(s).
Writ Petition (Civil) No.(s) 326 of 2018, decided on September 6, 2018
The Order of the court was delivered by
Order
1. By this writ petition under Article 32 of the Constitution of India the petitioner has questioned the order of compulsory retirement following review of the case of the petitioner to determine his continued utility to render further service beyond the age of 55 years.
2. We have considered the records-in-original placed before us by the Registrar General of the High Court of Jharkhand including the note put up before the Acting Chief Justice of the High Court of Jharkhand by the Registrar (Administration) with regard to the inquiries pending and the outcome thereof insofar as the petitioner is concerned. We have also looked into the service record of the officer (petitioner herein) including the assessments with regard to the quality of the judgments authored by him and the assessment of his integrity. The consideration of the case of the petitioner by the Screening Committee and the Standing Committee as per the records made available has also been seen by us.
3. In the light of the above we can find no infirmity in the order of the High Court. We make it clear that we have considered it prudent not to record any specific finding on the basis of the records produced as the same may have the effect of causing further prejudice to the petitioner.
4. The writ petition, consequently, is dismissed in the above terms.
WRIT PETITION (CIVIL) NO(S). 190/2018
Arun Kumar Gupta ___________________________________ Petitioner
v.
State of Jharkhand & Anr _________________________ Respondent(s)
(IA NO. 32330/2018-STAY APPLICATION)
WITH
W.P.(C) NO. 326/2018 (X)
(IA NO. 53600/2018-STAY APPLICATION)
W.P.(C) NO. 391/2018 (X)
(IA NO. 61219/2018-STAY APPLICATION)
Date: 06-09-2018 These petitions were called on for hearing today.
(Before Ranjan Gogoi, Navin Sinha and K.M. Joseph, JJ.)
For Petitioner(s) WP(C) 190/2018 Mr. Amarendra Sharan, Sr. Adv.
Mr. Avijit Mani Tripathi, Adv.
Mr. Shaurya Sahay, Adv.
Mr. Prithvi Pal, Adv.
Mr. Amit Kumar, AOR
WP(C) 326/2018 Mr. R. Basant, Sr. Adv.
Mr. Avijit Mani Tripathi, Adv.
Mr. Shaurya Sahay, Adv.
Mr. Prithvi Pal, Adv.
Mr. Amit Kumar, AOR
WP(C) 391/2018 Mr. Nagendra Rai, Sr. Adv.
Mr. Prashant Kumar, Adv.
Mr. Ranjan Kumar Rai, Adv.
Mr. S. S. Jauhar, AOR
For Respondent(s) Mr. Himanshu Shekhar, AOR
Mr. Jamnesh Kumar, Adv.
Mr. Ambuj Nath,
Registrar General, HC, Jharkhand
Mr. Chandra Bhushan Prasad, AOR
UPON hearing the counsel the Court made the following
ORDER
W.P.(C) NOS. 190/2018 AND 391/2018
5. Writ Petition Nos. 190/2018 and 391/2018 shall remain pending. The High Court of Jharkhand may like to reconsider the matter in the light of the entirety of the materials that have been placed before us at the hearing by the Registrar General of the Jharkhand High Court and also by the learned counsel for the High Court.
6. We make it clear that the High Court is free to decide the matter as may be considered appropriate and that we have expressed no opinion on merits at this stage. The High Court of Jharkhand would be free to support its conclusions in terms of the present order with adequate reasons.
7. The decision of the High Court in accordance with this order be laid before us at the end of two months from today.
8. List the matters after two months.
W.P.(C) NO. 326 OF 2018
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