<ul><li>When departmental proceedings are still pending against an employee, they cannot be made to retire compulsorily based on charges labeled against them, as ruled by the Patna High Court.</li><li>The case involved Mehfooz Alam, a Class-III employee employed at the Governor’s Secretariat in Bihar, who was mandatorily asked to retire while the departmental proceedings were still underway.</li><li>The Patna HC ruled that such premature retirement was not justified under Rule 74 of the Bihar Service Code.</li><li>The court emphasized that compulsory retirement can only be ordered based on the authorities' subjective satisfaction, which cannot be developed if proceedings are still ongoing.</li></ul>

Can’t ask employee to retire amid pending departmental proceedings: Patna HC

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