DR. RAJ PAL BHATIA, MEDICAL OFFICER OF HEALTH, MUNICIPAL CORPORATION, AMRITSAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner while posted as Medical Officer of Health, Municipal Corporation, Amritsar, was served with order dated 10.2.1989 (Annexure P-6), under proviso (i) and (ii) of Rule 13 of the Punjab Municipal Corporation Service (Recruitment and Conditions of Service) Rules, 1978, in public interest, in lieu of notice for a period of three months, he was paid a sum equivalent to the amount of his pay and allowances at the same rate at which he was drawing immediately before the date of retirement. The petitioner has impugned the aforesaid order Annexure P-6 by filing writ petition under Article 226/227 of the Constitution of India.

(2.) Brief facts of the case are that the petitioner was appointed Medical Officer on 16.4.1966 and was promoted as Medical Officer(Health) on 19.4.1983 in the higher pay scale of Rs. 1400-2100 and continued to draw the same upto 11.2.1989. Though the petitioner has earned good reports but in the annual confidential report for the year 1985-86 it was recorded by the Reporting Officer "that more close supervision is needed on the staff. He needs a stricter approach towards his subordinates to take proper work out of them. He also needs to inculcate self-confidence in him for better performance." However, his assessment was made as average. In the ACR for 1986-87, the following remarks were recorded :-

(3.) Against both the adverse remarks, petitioner represented to the authorities. The case of the petitioner was examined with reference to Rule 13 of the Punjab Municipal Corporation Service (Recruitment and Conditions of Service) Rules, 1978 to consider the desirability of retaining him in service on the date he completes 25 years of service or attains 50 years of age. The authorities considered the record and took a decision to retire the petitioner on the ground that the petitioner did not enjoy good reputation.