NAND LAL Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Gupta, J. This writ petition under Article 226 of the Constitution of India has been filed for a writ of certiorari to quash the order dated 12-1-90 passed by respondent No. 2, Annexure-2 to the writ petition direction compulsory retirement of the petitioner under Clause (2) of the U. P. Fundamental Rule 56 (c ).

(2.) THE petitioner was appointed as Lekhpal on 25th April, 1953. It is alleged by the petitioner that the respondent No. 2 without giving any opportunity of hearing to the petitioner has arbitrarily passed the impugned order prematurely retiring the petitioner, though the work," conduct and performance of the petitioner have always been found to be excellent and during the entire service tenure the petitioner was never communicated any adverse remarks and no disciplinary proceeding was pending against him at the time when im pugned action was taken. THE petitioner was suspended in December, 1988, but on inquiry the suspension order was revoked in March, 1989 and the petitioner was reinstated. THE impugned order was not at all in public interest and is wholly arbitrary and mala fide and is liable to quashed.

(3.) BY interim order of this Court dated 29-8-91 it was ordered that the im pugned order will not be given effect to and it was further directed that the petitioner would be allowed to perform duties and would also be paid his salary. It further appears that the petitioner there after continued in service till he reached the age of superannuation.