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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).8665 OF 2015
HIGH COURT OF JUDICATURE AT PATNA

APPELLANT(S)

VERSUS
AJAY KUMAR SRIVASTAVA AND ORS.

RESPONDENT(S)

O R D E R
The

appellant

is

the

High

Court

of

Patna.

The

first

respondent is a judicial officer of Bihar Higher Judicial Service

who was compulsorily retired on the ground that he was no more of
any utility for the Bihar Higher Judicial Service. The respondent
successfully challenged the said order.

By the impugned judgment

under appeal, the High Court opined that the compulsory retirement
order impugned before it was not sustainable.

Hence the appeal.

During the pendency of the matter, on two earlier occasions,

this Court passed two orders dated 1.12.2016 and 8.12.2016. The
substance of the said orders is that the appellant submitted before
this Court that there are serious allegations of misconduct against
the

first

respondent,

therefore,

the

continuation

of

the

respondent's service will not be in the larger public interest and

the

judiciary.

In

the

context

of

the

submissions

made

by

the

appellant, this Court by the above mentioned orders called upon the
Signature Not Verified

appellant to file an affidavit in support of the statements made at

Digitally signed by OM
PARKASH SHARMA
Date: 2017.01.14
12:54:36 IST
Reason:

the bar.

Such affidavit alongwith huge volume of the material in

support of the affidavit is filed.

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It all boils down to this that there are serious allegations

of misconduct on the part of the first respondent.
case,

the

appellant

is

always

at

liberty

to

If that is the

take

appropriate

disciplinary action against the respondent which action according

to us, the High Court is duty bound to take.
conduct

is

questionable

warranting

his

If the officer whose

removal

or

compulsory

retirement from the service, such an officer cannot simply be sent

home with all the retiral benefits.
officer

is

to

be

retired

on

the

But at the same time, if an

ground

that

his

conduct

is

unwholesome, he is entitled to claim that the due process of law be

followed.
In the circumstances, we do not see any reason to interfere
with the impugned judgment of the High Court under appeal.
Civil Appeal is dismissed.
the

liberty

of

the

The

The judgment under appeal recognises

appellant

to

initiate

disciplinary

against the appellant if the appellant is so advised.

action

Though it is

not necessary, in the circumstances, we reiterate the same.

......................J.
(J. CHELAMESWAR)

......................J.
(ABHAY MANOHAR SAPRE)
NEW DELHI
JANUARY 12, 2017

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ITEM NO.2

COURT NO.3

SECTION XVI

S U P R E M E C O U R T O F
RECORD OF PROCEEDINGS
Civil Appeal No(s).

I N D I A

8665/2015

HIGH COURT OF JUDICATURE AT PATNA

Appellant(s)

VERSUS
AJAY KUMAR SRIVASTAVA AND ORS.

Respondent(s)

(with interim relief and office report)

Date : 12/01/2017 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J. CHELAMESWAR
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
For Appellant(s)

Mr. P.S. Patwalia,ASG

Mr. Kshathula Raj,Adv.
Mr. Akash Jindal,Adv.
M/s. Parekh & Co.,Adv.

For Respondent(s)

Mr. Amit Anand Tiwari,Adv.

Ms. Shakun Sharma,Adv.
Ms. Vishakha,Adv.
Mr. Rudreshwar Singh,Adv.
Mr. Gopal Jha,Adv.
Mr. Samir Ali Khan,Adv.

UPON hearing the counsel the Court made the following

O R D E R
The civil appeal is dismissed, in terms of the signed order.

[O.P. SHARMA]
AR-CUM-PS
(Signed order is placed on the file)

[SUMAN JAIN]
COURT MASTER