RAM NATH Vs. STATE OF U P

JUDGEMENT

(1.) SUNIL Ambwani, J. The petitioner has prayed for quashing the order dated 24-4-2002 passed by Labour Commissioner, U. P. in exercise of powers under Fundamental Rules 56 (c) of Financial Hand Book Vol. II Part II to IV, compulsorily retiring petitioner from service serving as Welfare Superintendent in the office of Labour Commissioner, U. P. in public interest with effect from the date of the issuance of the order with entitlement to three months pay and allowance.

(2.) I have heard Sri Dinesh Pathak for petitioner and learned Standing Counsel.

(3.) ON 12-5-2003, after hearing the writ petition in part, the respondents were granted time to file supplementary affidavit enclosing therewith entries from 1994-95 to 1999-2000. In compliance with the order a supplementary counter affidavit of Sri Chandra Mani Lal Maurya, Additional Labour Commissioner has been filed enclosing the character roll entries of the petitioner for the year 1994-95 (5-7-1994 to 31-3-1995), 1995-96, 1996-97, 1997-98 (1-4-1997 to 31-3-1998) 1998-99 (1-4-1998 to 31-3- 1999), 1999 (1-4-1999 to 25-10-1999) and 1999-2000 (26-10-1994 to 31-3-2000 ). The entry for the year 1994-95 records his work as Labour Officer, Unnao as "satisfactory". The integrity was certified. He was given the remarks as `good. ' For the year 1995-96 he was given a similar satisfactory report and was red as a good officer. For the year 1996-97, he was found to be courteous and hard working. Necessary assessment of work could not be made as the details were not produced. The integrity was certified and he was rated to be a good officer. The entry for year 1997-98, record his performance in detail. The Deputy Labour Commissioner, Lucknow, Region Lucknow found him to be a disciplined courteous and hard working officer who performs his work with devotion and due dispatch. His behaviour with senior officers, colleague, employees and public was found to be courteous, and his work and conduct was found to be excellent. The officer was rated to be an excellent officer. The entry was approved by the Deputy Labour Commissioner. For the year 1998-99 the Deputy Labour Commissioner found him to be honest and courteous officer, took interest in the work and caused sufficient number of inspections and registration. His integrity was certified and he was found to be an excellent officer. The entry received approval from the Additional Labour Commission.