VASUDEO SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 19.2.1990 passed by the Engineer-in-Chief, P.W.D., Lucknow, compulsorily retiring the petitioner under Rule 56 (c) of the Fundamental Rules from the post of Junior Engineer.

(2.) THE learned counsel for the petitioner submits that he was appointed as Overseer in 1960 and was confirmed in the year 1974. At any point of time no disciplinary action was initiated or contemplated against him and as such the impugned order of compulsory retirement is illegal. It is further submitted that the petitioner received two letters dated 2.2.1990 communicating him adverse entries for the period 1.7.1987 to 31.3.1987 and 1.4.1988 to 29.4.1989. With regard to adverse entry for the period 1.4.1988 to 29.4.1989 it is stated that the petitioner has never worked under Sri Dinesh Chandra Kansal who awarded the aforesaid adverse entry and in fact Sri S. K. Sultania was the Assistant Engineer under whom he was working during that period. It is submitted by the petitioner that the aforesaid adverse entries were awarded on account of bias and mala fide against the petitioner. He further submits that the petitioner was allowed six weeks' time to make representation, but even before expiry of the aforesaid period the impugned decision was taken which is illegal and lack sufficient material for passing the impugned order. It is submitted that the petitioner again submitted representation but that too is pending before the respondents.

(3.) IT is also stated that the screening committee has considered the matter on 19.2.1990 and after assessing the performance of the petitioner for the last 10 years particularly the adverse entries awarded by Sri A. K. Singhal and Sri D. C. Kansal, the screening committee has recommended for compulsory retirement of the petitioner. IT is also stated that Sri Dinesh Chandra, Assistant Engineer gave adverse entry to the petitioner for the period of 1.4.1988 to 30.6.1988 and Sri S. K. Sultania, Assistant Engineer gave entries in the A.C.R. for the period 1.7.1988 to 31.3.1988. Sri A. K. Singhal, Executive Engineer withheld the integrity of the petitioner for the above said periods.