BALDEO KRISHNA BAHL Vs. STATE OF M P

JUDGEMENT

(1.) THIS writ petition is directed against order of State Administrative Tribunal dated 16-5-2001 passed in O. A. No. 942 of 1998.

(2.) PETITIONER has been retired compulsorily from the post of Assistant Agriculture Engineer on completion of 25 years qualifying service, on the recommendation of the Screening Committee under Rule 42 of the M. P. Civil Services (Pension) Rules, 1976 by order dated 10-12-1998. His allegation is that order is arbitrary and unfair. He was promoted to Class II gazetted post in 1988 on the basis of work and conduct. He did not earn any adverse annual confidential report since 1988. Uncommunicated adverse confidential report can not be taken into consideration for compulsory retirement and rules of natural justice have not been followed by affording opportunity of hearing before passing the orders which is a necessary requirement before passing administrative orders with civil consequences. The Screening Committee did not act according to the administrative instructions, therefore, opinion has been formed on extraneous consideration. Consequently, it has not been passed in public interest.

(3.) RESPONDENTS state that Screening Committee examined the case of petitioner by taking into consideration his entire service record. He was retired in public interest in accordance with the policy. His work was not found satisfactory nor were his annual confidential reports up to the mark. He was imposed a penalty of stoppage of one increment for disobedience and dereliction of duty in 1996. Order is not punitive, therefore, opportunity of bearing was not necessary.