STATE OF U.P. Vs. MAHESH CHANDRA MAHESWARI

JUDGEMENT

(1.) :-This special appeal has been filed against the judgment of the learned single Judge in Writ Petition No.4055 of 1990, decided on 27.1.1992.

(2.) We have heard the learned Standing Counsel, for the appellants and Sri P.C. Agarwal, for the respondent.

(3.) The petitioner filed the writ petition challenging the order of his compulsory retirement dated 31.3.1990. This writ petition has been allowed by the learned single Judge on two grounds; firstly, that the tries for the years 1978-79 and 1979-80 have been taken into consideration although the petitioner crossed his efficiency bar on 1.8.1984, and secondly, that un-communicated adverse entries for the year 1987-88 have been taken into consideration. For both these reasons, the learned single Judge was of the view that the impugned order of compulsory retirement was illegal and liable to be set aside. Aggrieved, the State Government has filed this appeal before us.