1988 INSC 0091
                                             Lala Radha Kumar Sinha

                                                           Vs

                                             State of Bihar and Others

                                          Civil Appeal No. 471 of 1988

                                        (Ranganath Misra, M.M. Dutt JJ)

                                                      01.02.1988

                                                        ORDER

1. Special leave granted.

2. Mr. Sorabjee, learned counsel for the High Court, respondent has produced the confidential
character rolls of the appellant for the years 1975 up-to-date and we have perused the same
carefully. We are of the view that compulsory retirement was not the appropriate punishment in the
facts and circumstances of the case.

3. The appeal is allowed and order of compulsory retirement is set aside. The appellant shall be
restored to service and given a suitable posting within four weeks from now. He would be entitled to
the benefits of service from January 21, 1985 till he joins his posting. The High court would take
into account the promotional prospects of the appellant also. We are told that the appellant is due to
superannuate on March 1, 1989. He may be kept under special observation for six months.

4. Parties are directed to bear their respective costs.

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