SHEO RAJ PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) Sheo Raj Prasad, petitioner, while working as Lekhpal in the District Fatehpur, was compulsorily retired vide order dated 12th January, 1990 (Annexure-4 to the writ petition) on the basis of assessment of his relevant past service record, by a duly constituted screening Committee constituted under relevant Government Order (vide Rule 56, fundamental rules contained in financial hand book-Part iI (extract thereof has been filed as C.A. 1 to the counter-affidavit).

(2.) In para 3 of the writ petition. It is admitted that a first information report was lodged by Tehsildar, Bindki regarding interpolation in revenue records in his custody and final report was submitted as the investigating Officer could not fix the responsibility with respect to person who had committed said interpolation. (Copy of First information Report has been filed as Annexure-2 to the writ petition). Vide order dated 17th November, 1982 S.D.M. Bindki, though revoked suspension but found petitioner responsible for interpolation in revenue records and directed adverse entry to be incorporated in character roll of the petitioner (Annexure-3 to the Writ Petition).

(3.) Petitioner filed an appeal before Collector against aforementioned order dated 17th November. 1982. The said appeal was dismissed on 21st August 1991. Petitioner filed Writ Petition No. 33244 of 1991 and. apart from award of adverse entry, challenged order of compulsory retirement dated 12th January, 1990 also which was meanwhile passed against him, Petitioner, however, concealed that he has already challenged order of compulsory retirement dated 12th January, 1990 by filing Civil Misc. Writ Petition No. 41932 of 1990.