SWARAN SINGH BAMAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner is seeking quashing of the order dated 01.12.1995 (Annexure P-4), whereby he has been ordered to be compulsorily retired from service under Rule 5.32 (C), Volume-II read with Rule 3.26 (d) of the Punjab Civil Services Rules, Volume-I, Part-I. He is further seeking direction to the respondents to allow him continue to work as Sub Divisional Officer (AN) till the date of superannuation.

(2.) Petitioner had joined as Veterinary Surgeon in the Animal Husbandry Department, Haryana. There was one adverse entry in the Annual Confidential Report (ACR) for the year 1978-79, which was conveyed to the petitioner after a gap of more than seven years i.e. 1986. This adverse ACR was conveyed to him vide letter dated 07.10.1986, where his integrity was found to be doubtful and average. Petitioner made an appeal against the said adverse entry on 18.12.1986 taking a stand that the adverse ACR had been conveyed to him after almost eight (08) years and as per instructions dated 01.05.1975, the department should have conveyed the same to him within three months. Appeal dated 18.12.1986, filed by the petitioner was dismissed. Petitioner, thereafter, filed a review petition on 13.06.1988, which was also dismissed vide order dated 15.07.1988.

(3.) The petitioner was allowed to cross the efficiency bar w.e.f. 01.02.1976 vide order dated 11.01.1985. Subsequently, vide order dated 03.03.1993 (Annexure P-2), petitioner was promoted to the post of Sub Divisional Officer (AH)/Assistant Director (AH).