GANGA SADHU SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition the petitioner seeks a writ of certiorari quashing the notice of forced retirement dated 29-9-1989 (Annexure-8). It is further prayed that the respondents be directed not to retire the petitioner before his due date of superannuation.

(2.) IN short, the facts leading to this petition are as under :- The petitioner was initially appointed as a Constable in Railway Protection Force with effect from 5-11-1955. It is contended that service rendered by the petitioner was found commendable and he was promoted to the post of Sub-INspector with effect from 20-1-1979. Thereafter, by an order dated 19-7-1989 (Annexure-7), a further promotion was given to the petitioner to the post of INspector, Railway Protection Force though on ad- hoc basis, and despite that he was served with the impugned notice dated 29-9-1989 referred to above for his forced retirement. While filing the counter-affidavit the respondents emerged with the plea that record of the petitioner was throughout bad and even in his annual confidential reports for the year 1967, 1979, 1982 and 1986, his integrity was suspected. It was next contended that the promotion of the petitioner vide order dated 19-7-1989 to the post of INspector is on ad hoc basis, and as such it does not wipe out his earlier adverse service record, and therefore justifying the notice of forced retirement, it is contended that this petition has no merit and is liable to be dismissed.

(3.) APPLYING the above test as contended on behalf of the respondents that petitioner's integrity for the years 1967. 1979, 1982 and 1986 is doubtful and therefore on that count alone he should have been weeded out.