IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.533 of 2008 KEDAR SINGH Versus B.S.CO-OPT.LAND DEVP.BANK & OR ----------- For the appellant: Mr. Ebrahim Kabir For the respondent nos. 1to 3: Mr. Rajesh Prasad Choudhary P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Dr. Ravi Ranjan --- Dated, the 11th August, 2008 The appeal suffers from delay of 156 days. For condonation thereof, an application (IA. No.4184 of 2008) has been made. Even if we condone the delay in filing the appeal, we find that the appeal has no merit and does not deserve to be admitted. 2. That the respondent Bank – Bihar State Cooperative Land Development Bank has power to retire its employee compulsorily under rule 74B(ii) of the Bihar Service Code, upon fulfillment of conditions, is not in dispute. That the appellant is over 50 years of age is also not in dispute. 3. Being Branch Manager, the appellant, obviously, is required to perform. The respondent Bank by filing the counter affidavit in opposition to the writ petition, brought some facts on record for the period between January 1998 to May 2000 which shows that collection of loan at Simaria Branch, where the 2 appellant was the Branch Manager, was far less than the expenditure incurred during that period and that achievement on target for that period has also been very poor. In the backdrop of his poor performance over a period of time if an opinion was formed that the appellant did not deserve to continue in service having become dead wood, by no stretch of imagination, the order dated 12th July, 2000 can be said to be stigmatic or bad in law. 4. The counsel for the appellant would submit that some of the similarly situated persons have not been compulsorily retired while the appellant has been ordered to compulsorily retire. There is hardly any merit in this contention. The appellant , as noticed above, being the Branch Manager, owed higher responsibility. However, his performance was found poor. 5. No case for interference is made out. 6. Letters patent appeal is dismissed , accordingly. 7. This disposes of I.A.No.4184 of 2008 as well. R. M. Lodha, CJ. Dr. Ravi Ranjan, J. Neyaz/-