BRIJ KISHORE SRIVASTAVA Vs. PARGANAADHIKARI JALAUN

JUDGEMENT

(1.) Heard Sri H.E Misra, the learned Standing Counsel appearing for the Sab Divisional Officer, Jalaun at Orai, District Jalaun and Sri Bhagwatl Prasad Srivastava learned counsel representing Sri Brij kishore Srivastava, the petitioner.

(2.) Invoking the powers under Rale 56 of the U.P Fundamental Rules, the Sub-Divisional Officer, Jelaun at Orai, District Jalaun passed an order dated 28th May, 1986 whereby the petitioner, who was a Lekhpal at Tehsil Jalaun, was required to retire w.e.f 31st May, 1986.

(3.) The aforesaid order dated 28th May, 1986 requiring him to retire compulsorily from service was challenged by the petitioner through instant writ petition which was allowed by this Court by means of its judgment and order dated 26th September, 1988, and the order dated 28th May 1986, retiring the petitioner compulsorily, was quashed. The principal submission, which was advanced on behalf of the petitioner and accepted by the Court, was that the provisions of Rule 56 of the U.P Fundamental Rules were not applicable in the case of the petitioner who belonged to the cadre of Lekhpal's service.