R S DHALL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) The High Court dismissed the writ petition filed by the appellant in the high Court against his compulsory retirement, merely saying as under:

(3.) This was done by the High Court without giving any notice to the State requiring it to produce the material on which the decision for compulsory retirement of the appellant was made. In response to the notice issued by this court the respondent-State of Haryana has produced the material including part of the service record of the appellant on the basis of which the decision to retire the appellant compulsorily from service was taken. In the peculiar facts and circumstances of this case the High Court was required to examine the question on merits after issuing a notice to the State, of the writ petition, on the basis of the relevant material. This has not been done. In view of the material now produced before us by the State of Haryana we are of the opinion that the merits of the contention do require consideration with reference to his service record. It would be appropriate, accordingly, to send the matter back to the High Court for this purpose.