MAHAVIR SINGH Vs. UPPER DISTRICT MAGISTRATE

JUDGEMENT

(1.) By means of the present writ petition, the Petitioner has challenged the order of compulsory retirement dated 3.1.1992, which is contained in Annexure 4 to the writ petition.

(2.) Unofficial English translation of the impugned order has been presented today. It appears from perusal of the impugned order that exercising power under clause (j) of Rule 56 of the Fundamental Rules, the Additional District Magistrate (Development), Muzaffarnagar, claiming himself to be appointing authority of the Petitioner, passed order in public interest that Sri Mahabir Singh, Village Development Authority (Gram Vikas Adhikari) will retire from service with effect from 3.1.1992 (afternoon) and he will be entitled to salary for three months at the same rate and allowance on which he was retiring.

(3.) Sri A. K. Singh, learned Counsel for the Petitioner submitted two points before me. His first contention is that the order of compulsory retirement has been passed by an authority who was not competent to pass such order, since he was not the appointing authority of the Petitioner. The second submission is that the order of compulsory retirement dated 3.1.92 was passed on the basis of adverse entry dated 22.6.90 awarding punishment in the shape of compulsory retirement, however, the copy of the said entry was never supplied to the Petitioner.