MUKHTAR AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri H.G.S. Parihar, learned Senior Advocate assisted by Sri Ajendra Pratap Singh, learned counsel for the petitioner and Sri Rajiv Srivastava, learned counsel for the respondents.

(2.) By means of this petition the petitioner has impeached the order dated 31.8.2017 passed by the Vice Chairman, Lucknow Development Authority, Lucknow whereby the order of compulsory retirement under Rule 56(C) of Financial Hand Book, Vol.-II, Part 2 to 4 has been passed against the petitioner.

(3.) The main ground to assail the aforesaid order is that there was no valid material before the competent authority to arrive at the conclusion that the petitioner has become the dead-wood to be chopped off. It has also been submitted that there was no material in the entire service record of the petitioner for the subjective satisfaction of the Authority concerned so as to come to the conclusion that the petitioner should be compulsorily retired. The learned counsel for the petitioner has also submitted that in his entire service, no punishment order has been passed against him, therefore, there was no adverse material with the department to pass the impugned order of compulsory retirement.