MANAGER SINGH Vs. ADDL DISTRICT MAGISTRATE KHERI

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 9.7.1993 contained in Annexure 1 by which the petitioner has been retired compulsorily. The impugned order has been challenged on the ground that the same is illegal, has been passed on extraneous considerations and is based on no material and, therefore, is liable to be quashed.

(2.) PETITIONER is a trained confirmed Consolidation Lekhpal and at the relevant time, he was posted as such in the district Kheri. According to the averments made in the writ petition, he was never awarded any adverse entry in his entire career to the best of his knowledge till the date the impugned order was passed. It has also been stated so by the petitioner on the ground that no adverse entry or adverse material was ever-communicated to him during the aforesaid period. Not only that no adverse entry or adverse material was ever communicated to the petitioner but on the contrary, he was given all his increments regularly every year right from 1.7.1985 to 1.1.1993. He was given selection grade with effect from 1.1.1985. In the aforesaid facts and circumstances, it has been alleged that the order of compulsory retirement has neither been passed in public interest nor to maintain the efficiency in service and the same, therefore, suffers from the vice of arbitrary exercise of power with ulterior motive.

(3.) I have heard the learned counsels for the parties.