MAHESH DUTTA MISRA Vs. STATE OF U P

JUDGEMENT

(1.) This special appeal is directed against the Judgment and order dated 11.8.1998 of a learned single Judge by which the writ petition filed by the appellant challenging the order dated 4.3.1989 compulsorily retiring him from service was dismissed.

(2.) The appellant Joined as clerk in Collectorate, Jalaun, in 1954. By the order dated 26.6.1984, he was placed in higher pay scale of Rs. 430-685 and by the order dated 11.7.1987, he was placed substantively in the aforesaid grade. On 4.3.1989, the District Magistrate exercising powers under Fundamental Rule 56 (c) passed an order compulsorily retiring the appellant from service in public interest. This order was challenged by the appellant by filing the writ petition giving rise to the present appeal. In the counter-affidavit filed in the writ petition, it was stated that the screening committee considered the case of the appellant and as there were 7 adverse entries in his character-roll, a decision was taken to retire him in public interest. These adverse entries related to loss of two Court files while working as Ahalmad to SDO/SDM, Jaiaun, whereby, he was debarred from posting in the Court line for three years, wrong submission of facts relating to mining leases and withholding of his integrity. In a matter relating to acquisition of land in 1985-86, a censure entry was awarded to him and his integrity was withheld on account of his misleading the authorities whereby a proposal was sent for exempting certain land from acquisition. The copy of the report to the screening committee as well as the adverse entries awarded to the appellant were filed with the counter-affidavit.

(3.) The main contention of the appellant was that certain adverse entries given prior to the crossing of the efficiency bar or his promotion had been taken into consideration and therefore, the impugned order compulsorily retiring him from service was illegal. The learned single Judge did not accept the submission made by the appellant and dismissed the writ petition.