HARI DAS Vs. DIRECTOR OF FISHERIES

JUDGEMENT

(1.) THE subject matter of challenge in this writ petition is an order dated 15.10.1998 passed by the Orissa Administrative Tribunal, Bhubaneswar in Original Application No. 8 of 1991, By the said order the Tribunal rejected the Original Application filed by the Petitioner, Hari Das, a driver in the Directorate of Fisheries, Orissa.

(2.) HARI Das, filed the O.A. impugning an order dated 26.9.1990 by which he was compulsorily retired from service in public interest with effect from 31.12.1990 in exercise of the powers under the first proviso to Sub -Rule (a) of Rule 71 of Orissa Service Code(hereinafter referred to as the 'Code'). It is not in dispute that the writ Petitioner, but for the order of compulsory retirement, would have continued in service up to 28.5.1993. But in view of the compulsory retirement the Petitioner's service came to an end with effect from 31.12.1990. The relevant portion of the said Rule under which the Petitioner was compulsorily retired is set out below: 'The appropriate authority may also require any officer to retire in public interest any time after he has completed thirty years qualifying service or attained the age of fifty years, by giving a notice in writing to the Government servant at least three months before the date on which he is required to retire or by giving three months pay and allowances in lieu of such notice.'

(3.) THE adverse entries which were allegedly recorded in the Confidential Character Roll of the Petitioner and were disclosed before the Tribunal are as follows: