BHAGWAN DAS Vs. STATE OF U P

JUDGEMENT

(1.) SUDHIR Agarwal, J. Heard Sri K. K. Dubey learned Counsel for the petitioner and learned Standing Counsel.

(2.) SINCE the petitioner has raised a legal issue, though the respondents have not filed any counter- affidavit despite opportunity, learned Counsel for the parties agrees for final disposal of the matter at this stage under the Rules of the Court.

(3.) HAVING heard the aforesaid submissions and perusing the record, I propose to deal with the first issue as to whether the impugned order of compulsory retirement is valid and permissible under Rules. It is not disputed that the disciplinary matters in respect to the petitioner are governed by 1999 Rules. Rule 3 thereof provides various penalties which may be imposed upon a Government Servant which reads as under : "3. Penalties.- The following penalties may, for good and sufficient reason and is hereinafter provided, be imposed upon the Government Servants : Minor penalties : (i) Censure ; (ii) Withholding of increments for a specified period; (iii) Stoppage at an efficiency bar; (iv) Recovery from pay of the whole or part of any pecuniary loss caused to Government by negligence or breach of orders; (v) Fine in case of persons holding Group 'd' posts : Provided that the amount of such fine shall in no case exceed twenty five per cent of the months pay in which the fine is imposed. Major Penalties : (i) Withholding of increments with cumulative effect; (ii) Reduction to a lower post or grade or time scale or to a lower stage in a time scale; (iii) Removal from the service which does not disqualify from future employment; (iv) Dismissal from the service which disqualifies from future employment. Explanation.- The following shall not amount to penalty within the meaning of this rule, namely : (i) Withholding of increment of a Government Servant for failure to pass a departmental examination or for failure to fulfil any other condition in accordance with the rules or orders governing the service; (ii) Stoppage at the efficiency bar in the time scale of pay on account of ones not being found fit to cross the efficiency bar ; (iii) Reversion of a person appointed on probation to the service during or at the end of the period of probation in accordance with the terms of appointment or the rules and orders governing such probation ; (iv) Termination of the service of a person appointed on probation during or at the end of the period of probation in accordance with the terms of the service or the rules and orders governing such probation. "