GIRISH CHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner Girish Chandra has filed this petition under Art. 226 of the Constitution, praying that the order of Union of India, dated 28-4-75, compulsorily retiring him from service, under sub-rule (3) of Rule 16 of the All India Services (Death-cum-Retirement Benefit) Rules 1958, be quashed.

(2.) On being released from defence service, the petitioner was appointed to U. P. Civil Service (Executive) on 28-8-38- In due course, his name was included in the select list, prepared in December, 1964, for appointment to the Indian Administrative Service. Thereafter, his name continued to be included in the select list prepared for subsequent years till the year 1966. Due to certain reasons his name was not included in the select list prepared in the years 1967 and 1969. It was again included in the select lists prepared for subsequent years. Ultimately he was promoted to the Indian Administrative Service on 18th August 1972 and was confirmed therein with effect from 11th September, 1972. The petitioner claims that throughout his record of service has been excellent and that his work had been highly appreciated by his superiors. In the year 1969, an adverse entry was given to him which, on his representation, was expunged. Again due to certain ulterior reasons, the petitioner, while working as P. C. S. Executive Officer, was suspended in April, 1967. But, after departmental enquiry, he was completely exonerated by the Administrative Tribunal and was reinstated with full honours in January 1969. It was because of the aforesaid departmental proceedings that his name could not be included in the select list prepared for promotion to the Indian Administrative Service in years 1967 and 1969.

(3.) Even though, in the normal course, the petitioner was entitled to continue in the Administrative Service upto 1st October, ] 980, he was, all of a sudden served with an order under sub-rule (3) of Rule 16 of All India Services (Death cum-Retirement Benefit) Rules 1958 (hereinafter referred to as the 1958 Rules) dated 28-4-1975, compulsorily retiring him from service in public interest. This order was served upon him on the 5th May 1975.