UMESH RAI Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner is aggrieved by the order dated 9.12.2005 whereby the Commissioner, Trade Tax, U.P., has compulsorily retired him, in public interest, from the post of Trade Tax Officer. The order is based upon recommendation of a review committee constituted as per Government order to assess the service record of all other similarly placed officials who had completed 50 years of age. The review committee found following adverse material against the petitioner:-

(2.) Petitioner claims that the material relied upon against him, in the meeting of the screening committee, is no longer a valid material, in view of the subsequent orders passed by the authority/ courts, and as such, the order of compulsory retirement cannot be sustained.

(3.) The instant writ petition was entertained and reply was called from the respondents. On 9.4.2007, the writ petition was got dismissed as withdrawn on a request made by the counsel for the petitioner. Subsequently, an application was filed by the petitioner for recall of the order dated 9.4.2007 contending that the petitioner had withdrawn the writ petition on account of an order of respondent dated 9.3.2007, according to which the petitioner's representation for review, though found to have substance, could not be considered on account of pendency of writ petition and, therefore, the petitioner had withdrawn the writ petition. However, after withdrawl of the writ petition, the order dated 15.6.2009 has been passed holding the representation of the petitioner against the order impugned to be not maintainable. The recall application was contested by the State and ultimately by an order dated 6.2.2014, the order dated 9.4.2007 has been recalled and the writ petition has been restored to its original number. The writ petition has been heard accordingly and is being decided on merits.