JAYATA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner Jayata Prasad was initially appointed as Bandi Rakshak (Jail Guard) on 3-8-1960. in the year 1984-85, he was posted on transfer to district Jaunpur. He was suspended on the charge that he had taken unauthorised possession of a quarter. After departmental enquiry, he was reinstated and a punishment of stoppage of five increments was imposed. In the year 1992, the service record of the petitioner was screened for promotion and looking to the past performance and the service record, he was promoted to the post of Pradhan Bandi Rakshak (Head Jail Guard) and was posted in sampurnanand Siwir Ghurma Sonbhadra under the control and supervision of Superintendent, Central Jail, Varanasi. The respondent No. 2 passed an order dated 30-1-1995, whereby the petitioner has been compulsorily retired from service in the public interest. It is this order which has been termed as being wholly illegal, unjust and unwarranted.

(2.) By means of this writ petition under Article 226 of the Constitution, the petitioner has challenged the order dated 30-1-1995, Annexure 1 to the writ petition, by which he was compulsorily retired and has prayed that said order be quashed and direction be issued in the nature of a writ of mandamus commanding the respondents to permit the petitioner to continue in service till he reaches the age of superannuation.

(3.) Counter and rejoinder affidavits have been filed. Heard Sri S. K. Singh, learned counsel for the petitioner and the learned Standing counsel on behalf of the respondents.