RAM SARAN Vs. STATE OF HARYANA AND ANR

JUDGEMENT

(1.) The petitioner has been compulsorily retired on completion of 55 years of age as he was not found fit for retention beyond the said age. He has, thus, filed this writ petition to challenge the said order.

(2.) As per the petitioner, the issue which would require consideration would be whether he can be thrown out of service just on the basis of sole entry regarding doubtful integrity in his Annual Confidential Report for the year 2000-2001, especially when the petitioner has been acquitted in a criminal case, which was the basis of endorsing the entry in the Annual Confidential Report.

(3.) The petitioner had joined the service as a Conductor in 1980. In the year 2001, he was involved in a criminal case while he was working at Sub-Depot, Naraingarh. He was placed under suspension and was ordered to be placed in the minimum pay scale of the Conductors. The petitioner filed an appeal against the same and on account of his acquittal of the criminal charges, the said order of punishment was set-aside on 21.7.2010. The petitioner thereafter was served a letter on 23.4.2010 giving him a notice for retirement on attaining the age of 55 years on the ground that his integrity was doubted in an Annual Confidential Report for the year 2000-2001. The petitioner has, thus, filed the present writ petition to challenge the said notice primarily on the ground that the basis on which these remarks were endorsed are no more in existence and hence said entry cannot be used for compulsorily retiring the petitioner from service.