JAI KISHAN KARANWAL Vs. U P JAL NIGAM

JUDGEMENT

(1.) D. V. Sharma, J. The instant writ petition has been preferred against the order dated 1-9-2005, a copy of which is contained as Annexure-1 to the writ petition, by which the petitioner was compulsory retired from service.

(2.) THE petitioner had a steep rise in the hierarchy of the Local Self Government Engineering Department until the dawn dated 1-9- 2005 which marked the beginning of his downfall. He suddenly fell from grace as the order for compulsory retirement was passed against him.

(3.) LEARNED Counsel for the petitioner further submitted that the petitioner belonged to a technical service and the members of the Screening Committee were not part of the organisation having sufficient knowledge and expertise and without any public interest the order of compulsory retirement was passed. He further submitted that the petitioner is neither inefficient nor corrupt nor dishonest or has become dead-wood for the service and the conclusion arrived at by the Screening Committee practically keeping the petitioner in the category of no-utility is unfair and unjust and the order of compulsory retirement can be passed on subjective satisfaction which has to be formed on the basis of the entire record of service. At the last he has submitted that the action taken by the respondents was not in public interest and is liable to be quashed for the reason that the petitioner has unblemished service record and especially his ten years service record is good on account of which he was promoted on 11th July, 2000, as Executive Engineer and further on 6-2-2004 he was given promotional pay scale of Superintending Engineer and the persons having inferior service record in comparison to the petitioner, have been retained in service and the order dated 1- 9-2005 is arbitrary and mala fide.