IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(S) No. 128 of 2022 ----- Anil Kumar Singh, aged about 56 years, s/o late Bishwanath Singh, Permanent r/o MIG-C-115, Harmu Housing Colony, Ranchi 834002, PO Doranda & PS Argora, Dist. Ranchi … Petitioner(s). Versus 1. State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Jharkhand Mantralaya, Project Building, Dhurwa Ranchi-834004 2. Additional Chief Secretary, Govt. of Jharkhand, Depart. Of Forests Environment and Climate Change, Jharkhand Mantralaya, Nepal House, Doranda, PO & PS Doranda, Dist. Dhurwa Ranchi-834004 3. Principal Secretary, Department of Cabinet Secretariat Vigilance, Govt. of Jhakrhand, Ground Floor, Project Bhawan, Dhurwa, PO & PS Dhurwa, Dist. Ranchi 834004 4. Principal Secretary to the Chief Minister, Govt. of Jharkhand, Chief Minister Secretariat, Kankey Road, PO GPO, Ranchi, & PS Gonda, Dist. Ranchi, 834001 5. Under Secretary, Depart. Of Forests, Environment & Climate Change, of Jharkhand Mantralaya, Nepal House, Doranda PO & PS Doranda, Dist. Ranchi 834002 6. Chief Conservator of Forests (Gazetted), Jhakrhand, Van Bhawan, Doranda, PO & PS Doranda Dist. Ranchi 834002 7. Shri Ashok Kumar I.Fo.S. Chief Conservator of Forests (Gazaetted), Jhakrhand, Van Bhawan, Doranda, PO & PS Doranda, Dist. Ranchi 834002 8. Shri Sunil Kumar, JAS (Retired ) the then Officer on Special Duty, dealing with the Van Bhumi and Budget Matters in the Department of Forests, Environment and Climate Change, Govt. of Jharkhand, Nepal House, Doranda, PO & PS Doranda, Dist. Ranchi 834002 9. Shri Manoj Kumar Gupta, JFS(Retired), the then Officer on Special Duty, dealing with the Legal Matters in the Department of Forests, Environment & Climate Change, Govt. of Jharkhand, Nepal House, Dorand PO & PS Doranda, Dist. Ranchi 834002 10. Shri Santosh Choubey, JSS under Secretary, the Depart. Of Forests, Environment & Climate Change, Govt. of Jharkhand, Nepal House, Dorand Ranchi 834002 … Respondent(s). CORAM :SRI ANANDA SEN, J. ------ For the Petitioner(s) : In person For the Respondents : AC to AAG-II …...... 05 /06.01.2025: This writ of certiorari. 2. In this writ of certiorari, petitioner has challenged the impugned order dated 07.07.2021 as contained in Memo No. 1829 issued by the Additional Chief Secretary, whereby and whereunder by invoking Rule 74B (iii) the petitioner has been compulsorily retired in public interest. 3. 05 /06.01.2025: This writ of certiorari. 2. In this writ of certiorari, petitioner has challenged the impugned order dated 07.07.2021 as contained in Memo No. 1829 issued by the Additional Chief Secretary, whereby and whereunder by invoking Rule 74B (iii) the petitioner has been compulsorily retired in public interest. 3. Since this is a writ of certiorari and a written order of compulsorily retirement has been challenged wherein reasons has been mentioned, it is not necessary to call for any counter-affidavit as no reasons can be supplemented to any impugned order as per decision of the Hon’ble Supreme Court in the case of Mohinder Singh Gill Vrs. Chief Election Commissioner New Delhi & Ors. reported in (1978) 1 SCC 405 Thus, I am disposing of this writ application. 4. The petitioner was working as Range Forest Officer, Pakur Forest Division. By the impugned order, he was compulsorily retired by invoking Rule 74B(iii) of Jharkhand Service Code. Rule 74 of the Jharkhand Service Code reads as follows:- “74. (a) The State Government may require any Government servant who has completed twenty one years of duty and twenty-five years of total service calculated from the date of his first appointment to retire from Government service, if it considers that his efficiency or conduct is not such as to justify his retention in service. Where any Government servant is so required to retire, no claim to any special compensation shall be entertained. [(b) Notwithstanding anything contained in the preceding sub-rule a Government servant may, after giving at least three months previous notice, in writing, to the appointing authority concerned 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. Provided that no Government servant under suspension shall retire from service except with the specific approval of the State Government.] [Provided further that in case of the officers and servants of the Patna High Court (including those of Circuit Bench at Ranchi) under the rule making authority of the Chief Justice, no such officer and servant under suspension shall retire from service except with the specific approval of the Chief Justice. [(ii) The appointing authority concerned may after giving a Government servant at least three month’s previous notice in writing, or an amount equal to three month’s pay and allowance in lieu of such notice, require him in public interest, to retire from service on the date of 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. [(iii) A government servant who retires voluntarily is required to retire in public interest under this rule on attaining the age of 50 years, or completing qualifying service of 30 years, shall be entitled to retiring pension and death-cum-retirement gratuity.” 5. A government employee who has completed 21 years of duty and 25 years of total service calculated from his first date of appointment, can be compulsorily retired by invoking Rule 74 considering his efficiency or conduct. It is well settled that an order passed under Rule 74 of the Jharkhand Service Code is not stigmatic. The order of compulsorily retirement invoking Rule 74 of the Jharkhand Serviced Code is not a punishment. 6. While going through this impugned order, I find that several allegations has been levelled against this petitioner. The department has found him guilty on several occasions. This order is not consequent upon any departmental proceeding. This order is not in terms of Rule 74 B of the Service rules. The impugned order is stigmatic. Since an order of compulsorily retirement in terms of Rule 74B cannot be stigmatic, this impugned order wherein several allegations have been levelled against the petitioner, becomes stigmatic. This impugned order is not in accordance of Rule 74 B of the Jharkhand Service Code as the same is not simplicitor rather is stigmatic in nature. Thus, I am inclined to set aside the impugned dated 07.07.2021 as contained in Annexure 21. 7. Accordingly the instant writ application stands allowed. 8. It will be open to the respondents-State to proceed in accordance with law. (ANANDA SEN, J.) Anjali/-