SWARAN SINGH CHAND Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) LEAVE granted.

(2.) THE core question, in this appeal, arising out of a judgment and order dated 17. 08. 2006 passed by the High Court of Punjab and haryana in CWP No. 10549 of 2004, is as to whether an order of compulsory retirement being a stigmatic one would be valid in law.

(3.) APPELLANT indisputably preferred an appeal thereagainst. In the Memorandum of Appeal, he questioned the legality of the said order inter alia contending: (i) Although a disciplinary proceeding for imposing major penalty had been initiated, a minor punishment was imposed without holding a departmental proceeding. (ii) ACRs of the relevant period had been recorded within a period of 11 1/2 months only for the purpose of upholding the chargesheet. (iii) He, having been promoted to the post of Upper Division Clerk by an office order no. 135 dated 6. 11. 2001, the Appointing authority could not have taken into consideration his ACRs prior to the said period. The said appeal was rejected by the appellate authority, stating: