NARESH CHANDRA SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri M.D. Singh 'Shekhar' on behalf of the petitioner, Standing Counsel on behalf of respondents.

(2.) This writ petition is directed against an order dated 12.1.2004 passed by the District Magistrate, Ghaziabad (the appointing authority of the petitioner) in exercise of powers under fundamental Rules 56(C) as contained in final in book Vol. 2 part 2 to 4 as amended upto date, compulsorily retiring the petitioner from service w.e.f. the date of the order.

(3.) On behalf of the petitioner it has been stated that except for adverse entries awarded for the year 2000-01 and of the year 2002-03 against which Appeals filed by the petitioner were pending consideration, all other annual entries of the petitioner were 'Utkarsh' or 'Ati Uttam'. It is therefore, submitted that the petitioner cannot be termed as a dead wood to be chopped of before he attains the age of superannjation nor can it be said that it is in public interest to retire the petitioner. It is stated that me adverse entries of the year 2000-01 and 2002-03 cannot be taken into consideration as the statutory appeals against the aforesaid entries were pending consideration. In the alternative it is submitted that the Screening Committee constituted for the screening of the petitioner was not inconformity with statutory rules as it did not include the appointing authority. Lastly it is pointed out that the District Magistrate has not applied his mind to the recommendation of the Screening Committee and has not recorded his satisfaction as required under fundamental Rules 56(C) for compulsorily retiring the petitioner.