NOHARIA MAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner while posted as Kanungo at village Jullana, Tehsil and District Jind was served with a three months' notice under the Punjab Civil Services Rules , Volume II, Rule 5.32 A (C) read with Rule 3.26(D) of Volume I, Part I of the said Rules, dated 21.5.1987, Annexure P-7 prematurely retiring him from service after expiry of notice period. This decision was taken in view of service record of the petitioner. The petitioner has impugned the said order Annexure P-7 in the instant writ petition.

(2.) The brief facts of the case are that the petitioner was appointed as Sub Inspector Consolidation of Holdings in the erstwhile State of Pepsu on 27.7.1954. He was subsequently promoted as Patwari on which post he continued to work till 5.6.1984 when he was promoted as Kanungo. A copy of the order of promotion as Kanungo is Annexure P-1 to the petition. The petitioner was also allowed to cross efficiency bar with effect from 1.7.1982 vide order dated 28.11.1983, a copy of which is Annexure P-3 to the petition. The petitioner conveyed adverse remarks for the year 1963-64 and his honesty was judged doubtful. These remarks were conveyed to the petitioner by the Settlement Officer, Consolidation of Holdings, Patiala. However, the petitioner earned 12 confidential reports prior to the year 1971-72 and out of these 12 confidential reports the petitioner earned only three good reports and the remaining 9 were average/satisfactory.

(3.) During the last 10 years, the petitioner had earned only 8 reports, out of which six are good, two average i.e. for the years 1977-78 and 1985-86 while two reports for the year 1981-82 and 1982-83 could not be recorded as the petitioner remained under suspension from 29.7.1981 to 6.6.1983 on the charges of corruption and later on, the petitioner was reinstated because the criminal court acquitted him by giving benefit of doubt.