DHARMBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner is seeking quashing of the order dated 06.04.2017 (Annexure P-7), whereby he has been ordered to be compulsorily retired.

(2.) Date of birth of the petitioner is 05.05.1961 and his date of superannuation was 31.05.2019. Petitioner was appointed as Conductor on adhoc basis on 04.07.1987. Later on, his services were regularized w.e.f. 31.12.1990. He was conveyed adverse confidential report for the period 2015-2016 (Annexure P-1). Against the said adverse remarks, petitioner made a representation dated 28.12.2016 (Annexure P-2). He also obtained copy of the confidential report for the period 2015-2016 (Annexure P-3) under the Right to Information Act, 2005. Thereafter, the petitioner was issued a show cause notice dated 14.12.2016 (Annexure P-4), as to why he should not be retired from service on attaining the age of 55 years. To the said notice, petitioner gave his reply dated 21.12.2016 (Annexure P-5). Apart from this, he also made a representation dated 06.03.2017 (Annexure P-6) to the effect that there were no remarks of integrity in the confidential report for the year 2015-2016. Ultimately, vide order dated 06.04.2017 (Annexure P-7), petitioner was ordered to be compulsorily retired.

(3.) Learned counsel for the petitioner has argued that while passing the impugned order dated 06.04.2017 (Annexure P-7) under Rule 3.26 (d) of Punjab Civil Service Rules, Volume I, neither three months' notice nor three months' pay in lieu of the notice, was given to the petitioner. Hence, the impugned order is liable to be quashed on this ground itself. In support of his arguments, reference has been made to the order dated 20.10.2003 passed by this Court in CWP No.10002 of 2002 (Annexure P-9).