CHANDRIKA RAI Vs. STATE OF U P

JUDGEMENT

(1.) I. S. Mathnr, J. The petitioner prays for a writ in the nature of certiorari quashing the order dated 16-1-1993 (Annexure- 1 to the petition), retiring the petitioner compulsorily.

(2.) THE petitioner was appointed on the post of Consolidation Lekhpal and joined the service on 6-8- 1967. He has been compulsorily retired by order dated 16-1-1993. According to the petitioner he was never communicated any adverse confidential remark and his work and conduct was satisfactory. He was also allowed to cross the efficiency bar with effect from the due dates and was also give increments. His integrity was also always certified. THEre was no material against the petitioner warranting compulsory retirement and, accordingly, the order is arbitrary and has been passed in mala fide exercise of power.

(3.) I have heard the learned counsel for the petitioner and learned Standing Counsel and in, my opinion, the impugned order cannot be sus tained. The opposite parties were repeatedly asked to produce record relating the service of the petitioner ; this record was not produced in spite of repeated opportunities being given. Accordingly, there is no option but to draw an adverse inference against the opposite parties.