JUDGMENT Tapen Sen, J. 1. Heard Mr. Sumit Gadodia, learned counsel for the petitioner. Nobody appears on behalf of the respondents. 2. The grievance of the Writ Petitioner in the instant case is that without complying with the mandatory requirements in relation to three months notice or without paying him an amount equal to three months payment and allowance in lieu thereof and without also constituting the proper Medical Board under the Chairmanship of the Chief Medical Officer, the respondents have compulsorily retired the petitioner. 3. Upon perusal of Annexure-C appended to the counter affidavit, it is apparent that the Medical Officer, Bihar Military Police upon examination of the petitioner and other persons came to the conclusion that the petitioner was suffering for the last two years from contagious Leprosy and that his right leg and hands had become totally ineffective. He also found the petitioner incapable of moving around. In that view of the matter, the concerned Medical Officer found the petitioner medically unfit. This examination appears to have been done on 21.06.1996. 4. From Annexure-1, which is an order passed on 26.06.1996, the Commandant of the Bihar Military Police, taking into consideration the aforementioned medical report, granted 90 days Earned Leave with a rider that upon approval of the contemplated action under Rule 74 for Compulsory Retirement the said leave would be cancelled and the petitioner would then be treated to have compulsorily retired. 5. The petitioner complains that in normal course, he should have worked till 01.07.2002 but that period has also now come to an end. Although there is substantial compliance of subjecting the petitioner to medical examination and granting Earned Leave of 90 days, yet the procedure adopted does not appear to be either in terms of the Bihar Service Code or under the Bihar Police Manual 1978. The relevant provisions of Rule 74 of Bihar Service Code is Rule 74(b)(ii) which reads as follows :-- 74(b)(ii) The appointing authority concerned may after giving a Government servant at least three months previous notice in writing, or an amount equal to three months pay and allowance in lieu of such notice, require him in public interest, to retire from service on the date on which such a Government servant completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice. Similarly, the provisions under the Bihar Police Manual which is relevant is Rule 854-A(2) and the same reads as follows :-- 854-A(2). Under rule 74(b) of Bihar Service Code, 1952 the appointing authority concerned may after giving a Government servant at least three months notice in writing or three months salary in lieu thereof require him in public interest to retire from service on the date on which such a Government servant completes 30 years of continuous service or attains 50 years of age (see Government of Bihar Personnel Department Memo No. 3RI-101/73P- 5948, dated the 20th April. 1973). In both the Rules the essential requirements are three months prior notice or an amount equal to three months pay and allowance in lieu thereof. This does not appear to have been observed in the instant case. 6. For the reasons stated above, therefore, the impugned order as contained at Annexure-1 which forms the basis for passing the final order i.e. Annexure-G to the counter-affidavit are set aside and matter is remanded to the Commandant, Jharkhand Armed Police, Government of Jharkhand for purposes of passing a fresh order in accordance with law. The entire exercise must be completed within a period of four months from the date of receipt of a copy of this order. With the aforesaid observations and directions, this Writ Petition stands dis posed off.