(1.) RAKESH Sharma, J. Heard Sri S. S. L. Srivastava, learned Counsel for the petitioner and the learned Standing Counsel appearing for the opposite parties.
(2.) UNDER challenge is an order of compulsory retirement passed against the petitioner on 11-8-2005 by the Additional Transport Commissioner (Administration), Lucknow. The petitioner has been compulsorily retired after working for about thirty and half years at the age of 51 years.
(3.) SRI S. S. L. SRIvastava, learned Counsel for the petitioner has further submitted that the order is punitive as the matter relating to departmental inquiry was placed before the Screening Committee. The Screening Committee has not considered the other entries that the petitioner has earned all the increments, crossed E. B. and has also earned his promotion etc. on due dates. The petitioner has already been awarded minor penalty on 20-9-2001. He has already suffered for whatever done by him. The petitioner has represented against the order of punishment by submitting representation to the appropriate authority. Since the petitioner's representation was pending, the order of punishment could not have been issued against the petitioner for retiring him compulsorily.