IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3646 of 2000 BHOLA PRASAD SINGH ARUN Versus THE STATE OF BIHAR & ORS ----------- 5. 24.09.2008 Heard leaned Counsel for the petitioner and the learned Counsel for the respondent Land Development Bank. The petitioner is aggrieved by the order dated 31.1.2000 retiring him from service compulsorily. It is submitted that earlier the petitioner was placed under suspension in 1987 which was quashed by this Court in `1991. Fresh suspension followed on 22.7.1992 which has again been revoked on 23.9.1998. Memo of charges was issued on 25.6.1999. An enquiry report came to be submitted. Second show cause notice has been issued on 18.1.2000. Even before expiry of the time to file his reply to the show cause provided for in the notice itself, impugned order has been passed. Submission therefore is that the order of compulsory retirement is but a camouflage for what is otherwise a punitive order in view of report of the Enquiry Officer without concluding the departmental proceedings in accordance with law. The petitioner has also not been paid his salary for the period of suspension from 1992 to 1998. Learned Counsel for the Bank supporting the order of compulsory retirement submitted that the departmental proceedings were dropped. Now that the petitioner has been compulsorily retired the question of any order of punishment in the departmental proceeding simply does not arise. He relies on a Division Bench order of this Court in LPA No. 533 of 2008 upholding a similar order for compulsory retirement. A show cause notice had been issued to the petitioner with regard to poor revenue collection in discharge of his duties. This led to his suspension and departmental proceedings. The authorities were at liberty to conclude the same and impose an order of punishment or exonerate him. The authorities considered it prudent not to take the departmental proceeding to its logical conclusion, for their own reasons, and dropped the proceedings. It cannot be urged on that basis alone that the order of compulsory retirement becomes punitive. The impugned order is not stigmatic but simply records the satisfaction of the employer of the inability of the petitioner to measure up to the standards of performance expectation of the Bank as an employee leading to conclusion that he had now after completing 50 years in service become dead wood and was of no use for the Bank as inefficient for performance of duty. That for arriving at this conclusion the materials of the inconclusive departmental proceedings may have also been looked into to enable the Bank to make up its mind shall not per se give it the nature of a punitive order. There are no allegations of malafide and the submission of arbitrariness is not supported. In (1995) Suppl. (1) SCC 184 (Collector, Allahabad & anr. Vrs Chhote Lal) the delinquent was subjected to disciplinary enquiry and punishment imposed. The High Court quashed the order of compulsory retirement as based on that very understanding and in the nature of punishment. The Apex Court set aside the High Court’s order holding that the disciplinary enquiry and the punishment was the basis for entry in his character roll for taking a view that he needs to be compulsorily retired in public interest. The last submission of the petitioner that the Bank has framed its own service rules and that Section 74 of the Bihar Service Code is not applicable, does not appeal to this Court when in the service regulation framed by the Bank powers for compulsory retirement is provided for in Regulation 232 thereof. Learned counsel for the Bank however found it difficult to defend the action of the Bank in non-payment of salary for the period 1992 to 1998 in absence of any departmental proceeding leading to orders of punishment. The writ application is dismissed on merits but with directions to pay the arrears of salary of the petitioner from 1992 to 1998 and other salary dues, if any, within a maximum period of three months from the date of receipt and/or production of a copy of this order. Snkumar/- (Navin Sinha,J.)