GOPAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. I.B. Singh, learned Senior Counsel assisted by Mr. Naisar Ahmed, learned counsel for the petitioner as well learned Standing Counsel.

(2.) The petitioner has assailed the office order dated 08.10.1998 issued by the Secretary Minor Irrigation and Rural Engineering Service Department of the State Government whereby he was compulsorily retired from service. The screening committee had examined the petitioner's annual character roll in which it was found that in 1985-86 and 1986-87 he was awarded adverse entry and his integrity was not certified. On 27 April 1998 he was awarded the adverse entry and the departmental proceedings as well as vigilance inquiry was pending against him. In 1990-91 and 1991-92 an adverse entry was recorded since he was on extraordinary leave in 1992-93 his performance was found average on 22 April 1998 and 25 April 1998 he was given strict warning etc.

(3.) The learned counsel for the petitioner has submitted that adverse entries relating to 1985-86 and 1986-1987 were communicated to the petitioner on 17.12.1991. The petitioner had challenged those entries before the State Public Service Tribunal vide claim petition No. 1162 of 1996. The Tribunal had allowed the petitioner's claim and issued directions to the State Authorities to award entries for the years 1985-1986 and 1986-87. In so far as the entry for the year 1992-1993 is concerned, the same was communicated to the petitioner on 12.09.1997. The petitioner had preferred a representation against the same which was pending consideration on the date of order impugned. Therefore, the same could not have been read against the petitioner. Further for the year 1997-98 adverse entry was communicated to the petitioner on 27.04.1998 against which the petitioner had preferred a representation dated 12.06.1998 which was also not decided till the date of consideration of the screening committee, therefore, it could not have been relied upon to assess the petitioner's case.