GORAKH RAI Vs. P.K. SHARMA AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Ashok Singh, learned counsel appearing for the respondents.

(2.) By means of the present petition the petitioner is challenging the order dated 21.6.1993 whereby he has been compulsorily retired from service.

(3.) The petitioner was working as Hawaldar in 9th Bn. Chandigarh of Central Reserve Police Force (hereinafter referred as C.R.P.F.). The petitioner was appointed in the year 1968 at Dibroogarh, Assam in C.R.P.F. He was posted at various places during service and at the time of passing of the order impugned herein he was posted in 9th Bn. C.R.P.F. Chandigarh. He was compulsorily retired after completion of 25 years of net qualifying service on 7.5.1993 on the ground that it was found that he is not fit for retention in government service further and in public interest it was recommended to retire the petitioner from service prematurely. This decision was taken in the meeting of Administrative Review Committee of Northern Sector, C.R.P.F., New Delhi on 7.5.1993. Consequently, in exercise of powers under Rule 56 (j) of the Fundamental Rights read with Rule 43 (c) (i) of the C.R.P.F. Rules, 1955 the Commandant of 9th Bn. passed the order impugned herein that the petitioner shall be paid a sum equivalent to the amount of his pay plus usual allowances for a period of three months at the same rate at which he was drawing then immediately before his retirement.