IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2675 of 2001 RAM NARESH SHARMA, Incharge Branch Manager, S/o Ambika Sharma, Bihar State Co-operative Land Development Bank Ltd., Budh Marg, Patna ..Petitioner Versus 1. BIHAR STATE CO-OPERATIVE LAND DEVELOPMENT BANK Through its Administrator, Budh Marg, Patna 2. The Administrator, Bihar State Co-operative Land Development Bank, Budh Marg, Patna 3. The Deputy Managing Director, Bihar State Co-operative Land Development Bank, Budh Marg, Patna …… Respondents ----------- 07- 3.12.2009 This writ petition is directed against the order bearing memo no. 5326, Patna, dated 12.7.2000 (Annexure 3), passed by the respondent Bank, whereby the petitioner has been compulsorily retired in terms of rule 74(b)(11) of the Bihar Service Code, after giving him salary for three months in lieu of the notice. 2. A brief statement of facts essential for disposal of this writ petition may be indicated. The petitioner was at the relevant point of time functioning as Incharge Branch Manager in Ramgarh Branch of the Bank. The Bank assessed his performance after he completed 50 years of age and came to the conclusion that it is appropriate to dispense with his service in terms of rule 74(b)(11) of the Code, after giving him salary for three months in lieu of the notice, leading to the present writ petition. 3. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears to us that the petitioner has been compulsorily retired strictly in terms of rule 74(b)(11) of the Code. The essential pre-conditions for exercise of the power are fully met in the present case, inasmuch as he 2 has completed 50 years of age, his continuance in service is not in public interest, and he has been given salary for three months in lieu of notice period for like period. Furthermore, the respondent Bank in justification of its bona fide action and to satisfy this Court that the impugned action is not arbitrary, has stated in its counter affidavit that the petitioner’s performance was extremely poor. He substantially failed in collection of the dues which has had the potential of knocking the bottom off the Bank. We are thus convinced that the petitioner’s compulsory retirement from service is entirely in public interest. The impugned action cannot be faulted. 4. The writ petition is accordingly dismissed. ( S K Katriar ) ( Kishore K Mandal ) mrl