NATHOO SINGH RATHORE Vs. DISTRICT DEVELOPMENT OFFICER

JUDGEMENT

(1.) THIS petition is directed against the order dated 31 -2 -1989 (Annexure 1 to the petition) communicated to the petitioner on 6 -1 -1990 whereby the petitioner was forced to retire prematurely. In short, the case of the petitioner is that he was appointed as a Gram Sewak by the order dated 22 -10 -1962 passed by the respondent and since then he is discharging his duties efficiently and his work was also commended from time to time by his superior officers and on 1 -7 -1982, he was granted Selection and Super Selection Grade. This shows that till 1 -7 -1982, the petitioner's integrity has neither been withheld nor been doubted in any manner. However, by issuing the order contained in Annexure 1 as stated above, retiring the petitioner prematurely under Fundamental Rule 56, it is said that his integrity was not up to the mark in the year 1983 -84.

(2.) IN the counter -affidavit filed by the respondents it is only averred that the petitioner was confirmed on 30th August, 1977. However, the averments made in paragraphs 8 to 12 of the petition, have not been specifically denied.

(3.) NO doubt the entries of recent past 5 to 10 years may be taken into consideration in forming the opinion to retire a Government servant in public interest. Here, it may be noted that public interest means purely in public interest and not in political interest or otherwise.