Orissa High Court Dismisses Challenge To Notification Compulsorily Retiring A Former Additional District & Sessions Judge

Case: Pradeep Kumar Pattnaik v. State of Odisha & Ors.
Coram: Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik
Case No.: W.P.(C) No. 19416 of 2014
Court Observation:
“…While it is true that the decision to compulsorily retire a judicial officer cannot be taken arbitrarily, and should be based on some material, it cannot be said that there has to be some particular instance of misbehavior by an Officer that could warrant such a decision.”
“…when a Government servant is promoted to a higher post notwithstanding the adverse remarks, such remarks lose their sting. In other words, any adverse remarks passed earlier would be deemed to be wiped out. Consequently, once the Petitioner was promoted as AD&SJ, he cannot be said to be deadwood requiring to be weeded out.”
Court further stated,”… It is entirely possible that he received his promotions in due course, but the parameters that weigh with the Court when it comes to retaining a Judicial Officer in service after attaining the ages of fifty years, fifty-five years, and fifty-eight years would be based on a review of the entire service career of the Officer and not just on a few years of performance. In that sense, the grant of promotion a few months earlier to the review of such performance would not ipso facto preclude such a review for the purposes of the decision to be taken regarding compulsory retirement of such Officer.”

Orissa High Court Dismisses Challenge To Notification Compulsorily Retiring A Former Additional District & Sessions Judge