S S SHRIVASTAVA Vs. STATE OF M P

JUDGEMENT

(1.) THROUGH this writ petition, order of State Administrative Tribunal dated 16-5-2001 passed in O. A. No. 678 of 1999 has been challenged.

(2.) THE petitioner has been retired compulsorily from the post of Assistant Gr. I by order dated 7-4-1999 by Principal Secretary, Government of M. P. under Fundamental Rule 56 (2) in public interest on the recommendation of the Screening Committee. The petitioner joined service as Lower Division Clerk pursuant to order dated 27-6-1964. He became permanent by order dated 25-10-1994. Vide order dated 17-12-1997, he was awarded punishment of stoppage of one increment without cumulative effect and was also communicated adverse remarks in March, 1997. After his representation dated 5-11-1997, partial amendment was made in the Annual Confidential Report, conveyed by letter dated 5-11-1997.

(3.) THE grievance of petitioner is that order of compulsory retirement has been issued by incompetent authority. It has not been in accordance with criteria laid down by Government of Madhya Pradesh vide memo dated 13-1-1995. He was promoted as Upper Division Clerk in 1976. Again he was promoted to the post of Assistant Gr. I on 10-10-1983 and made permanent against the said post in 1994. The Annual Confidential Reports for the year 1994-19% were not communicated to the petitioner. Similarly, the Annual Confidential Reports for the year 1996-1999 were not placed before the Screening Committee. Though the Annual Confidential Reports of the petitioner were good, the Screening Committee did not scrutinise the case properly before passing order nor was he given opportunity of hearing. It is also stated that before issuing the order, work and conduct of the petitioner was not examined.