G R DHUPAR Vs. STATE OF M P

JUDGEMENT

(1.) This petition was originally filed as Original Application No. 3079/1998 before the M.P. Administrative Tribunal and has been transmitted to this Court after closure of the Tribunal, and is renumberedi as W.P. No. 13087/2003. The petitioner, who was at the relevant time working as Principal Class I in the Industrial Training Institute, Khandwa, was aggrieved with an order of compulsory retirement issued on 18th February, 1998 (Annexure A-4) and after making of representation, approached the M.P. Administrative Tribunal challenging the said order on various grounds.

(2.) It was contended by the petitioner that he has unblemished service record to his credit and could not have been compulsorily retired treating him as a dead wood in view of the fact that the petitioner after grant of promotion as Principal was made to work on the post'of Apprentice Advisor, which was equivalent to the post of Deputy Director and was also made to officiate on the post of Joint Director w.e.f. 6-11-1994 to 11-10-1995. It is contended by the petitioner that had he been so bad in his service performance he would not have given the benefit of higher post than the substantive rank of the petitioner and therefore, it is contended that the order of compulsory retirement is unsustainable in the eye of law.

(3.) The respondents in their return have contended that there were adverse entries in the confidential report of the petitioner for the years 1976, 1977 and 1983. There was one more fact that the Departmental Enquiry was initiated against the petitioner and the order of recovery was issued against him on 26-6-1997. It is contended by the respondents that taking into consideration of these facts, the petitioner was found to be fit for compulsory retirement in exercise of power under Fundamental Rule 56 (3) and therefore, the order of compulsory retirement was issued.