LAWS(MEGH)-2013-12-6

TIKENDRA SINGH Vs. UNION OF INDIA

Decided On December 02, 2013
Tikendra Singh Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This instant writ petition is directed against the order dated 27.03.09 for compulsory retirement of the petitioner. The petitioner's case in nut shell is that, "this writ petition has been filed under Article-226 of the Constitution of India for issuance of writ of certiorari and mandamus for setting aside the impugned order for compulsory retirement dated 27.03.09 passed by the respondent on the grounds stated in the petition with a prayer for reinstatement of the petitioner with consequential benefits including back wages and also for any other reliefs as deemed fit and proper consideration of the facts and circumstances of the case."

(2.) Mr. R. Jha, the learned counsel appeared for on behalf of the petitioner has submitted that the petitioner had a good record and was serving the Department efficiently but for the reasons best known to them, the respondent authorities passed an order for compulsory retirement against the petitioner, so such order is purely arbitrary and needs to be set aside. In support of his submissions, the learned counsel relied on the judgment & Order passed by this Court (Single Bench) in WP(C) No. 143 of 2012.

(3.) On the other hand Mr. S.C. Shyam, the learned senior CGC appeared for on behalf of the respondent submitted that, the petitioner is totally incompetent, hence, the Department while assessing his service records found that his services are not at all beneficial for the institution and asked him to go for compulsory retirement.