STATE OF M P Vs. RUDRA PRATAP SINGH

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 2-1-1998 passed by Madhya Pradesh State Administrative Tribunal, Jabalpur in Original Application No. 527/94 whereby the Tribunal quashed the order dated 27th December, 1993 by which Rudra Pratap Singh was compulsorily retired from service.

(2.) THE case called out and taken up in the revised cause- list. Counsel for the petitioner is present. Counsel for the respondents are not present.

(3.) HEARD learned counsel for the petitioner-State. Learned counsel for the petitioner made two-fold submissions. Firstly, that even after person is promoted to a higher post can be proceeded for his delinquency committed during the period anterior to his promotion. Secondly, that the service record of the petitioner for last five years was considered and considering that record the power was exercised by the authority under Rule 42 (B) (1) of the M. P. Civil Services (Pension) Rules, 1976 and the interference by the Tribunal with the order of compulsory retirement was bad, as the same was passed after seeing the performance/a. C. R. for the last five years.