DUDHNATH RAM Vs. STATE OF U P

JUDGEMENT

(1.) This special appeal, under the rules of the Court, is preferred against the judgment of the Hon'ble Single Judge dated 20.1.2006 in writ petition No. 53729 of 2003 dismissing the appellant's writ petition against the order of compulsory retirement.

(2.) Learned Counsel for the appellant submitted that the decision to constitute screening committee and the order to retire him compulsorily under Fundamental Rules 56(c) are arbitrary and perverse inasmuch as the same proceeded only on the fact that the appellant was absent unauthorizedly from 1.1.2003 without any leave application although during the said period he was on duty and was paid salary also for the said period. He submits that the Hon'ble Single Judge has not appreciated the aforesaid fact correctly and, therefore, the judgment, under appeal, is liable to be set aside.

(3.) We have heard learned Counsel for the parties and perused the record.