R.A. DESPANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ petition is directed against the order dated 1-9-1998 of the M. P. Administrative Tribunal (for short the Tribunal') passed in Transferred Application No. 2966/88. By the said order. the Tribunal has dismissed the application of the petitioner herein and has affirmed the order dated 8-10-1984 of the State Government compulsorily retiring the petitioner under Rule 42 of the Madhya Pradesh Civil Services (Pension) Rules. 1976 (for short "the Rules).

(2.) The petitioner was appointed as Circle Organiser in the Department of Tribal Welfare on 27-4-1953. In the year 1968. the petitioner was promoted to the post of Area Organiser. While in service the petitioner passed departmental examinations. The Government passed an order on 8-6-1984 permitting the petitioner to cross the efficiency bar w.e.f. 4-4-1976. While the matter stood thus, the Government passed the impugned order dated 8-10-1984 under Rule 42 of the Rules.

(3.) The petitioner being aggrieved by the above order of the Government dated 8-10-1984, instituted Miscellaneous Petition No. 3544/84. In the said petition, several grounds were urged, such as, the action of the Government in compulsorily retiring the petitioner under Rule 42 of the Rules is mala fide and it was done with an ulterior motive: that as per the circular of the State Government dated 18-1-1983, the Government ought to have taken into account the A.C.Rs of the 5 years immediately prior to the date of retirement whereas it took into consideration A.C. Rs of the year 1974-75 to 1978-79; that there was no material on record to show that anything adverse against the petitioner; that the impugned action of the Government was not in public interest : that the impugned action is arbitrary, unreasonable etc.: that the impugned order is vitiated because while passing the order, the Government took into consideration the uncommunicated adverse remarks in violation of principles of natural justice etc.