ABDUL RAUF SHAIKH S/O. SHAIKH MOHAMMAD Vs. STATE OF MAHARASHTRA THROUGH SECRETARY, DEPARTMENT OF HOME AFFAIRS & ANR.

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order passed by the Government of Maharashtra compulsorily retiring him in exercise of its power under Rule 65 of the Maharashtra Civil Services (Pension) Rules, 1982.

(2.) The petitioner was recruited as a police constable on 1.3.1956 and was promoted from time to time and was serving as Police Sub Inspector at the time when the impugned notice was served on him.

(3.) It is alleged in the petition that in exercise of power under Rule 65 of the aforesaid Rules the petitioner has been punished on the basis of uncommunicated adverse remarks. The learned counsel appearing on behalf of the petitioner submitted that this action, therefore, is liable to be quashed for the reason that the remarks which weighed with the Assessment or Special Review Committee were never communicated to the petitioner. Replying the allegation, it was submitted on behalf of the State that the action taken of compulsorily retiring the petitioner was in public interest and not as a punishment. It is when a person is being punished for his misconduct that the notice of charge etc. is liable to be issued, and when adverse communications are used against a person they must be communicated to the said person. The present case not being of that kind, the contention of the petitioner is liable to be rejected.