KAMAL PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner prays for issuance of appropriate writ, order or directions quashing the order dated 23rd June, 2006 vide which the petitioner has been found unfit to be retained in service till superannuation and his name stand struck off from the strength of the Unit with effect from 22nd September, 2006, which was in furtherance to the show cause notice dated 3rd March, 2006. The petitioner has also prayed that the respondents be directed to produce his confidential reports for the years 2002-03 to 2004-05 for just and fair adjudication of the present case.

(2.) The necessary facts are that petitioner was enrolled as a Constable with the Central Reserve Police Force, New Delhi on 27th October, 1980. Because of his hard work and devotion to duty, the petitioner was promoted to the rank of Havildar on 10th October, 1997. On 3rd March, 2006, the respondents issued a notice to show cause to the petitioner stating that the petitioner was unfit for further retention in service and why he should not be compulsorily retired after completing 25 years of service in accordance with rules. To this show cause notice, the petitioner submitted a reply on 8th March, 2006 and finally the respondents passed an order on 23rd June, 2006 refusing further extension in service to the petitioner and compulsorily retired him from service upon completion of 25 years of qualifying service for pension.

(3.) The primary grievance of the petitioner is that though the petitioner was awarded some penalties during the period 1989 to 2000 and 2002 but thereafter the petitioner had worked to the entire satisfaction of all concerned and has unblemished service record, thus the decision of the respondents to compulsorily retire the petitioner is arbitrary, contrary to rules/regulations and the instructions issued by the respondents themselves.