V D GAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a writ petition filed by a Tehsildar against his compulsory retirement by the Financial Commissioner (Revenue), Haryana vide order dated 20th July, 1986 (Annexure P.17). The order was passed by the Financial Commissioner acting under the provisions of rules 25(2)(c)(i) and 25(2)(i)(a) of the Punjab Tehsildari Rules, 1932, which reads as under :-

(2.) The petitioner was conveyed report for the year 1984-85 (Annexure P15) on 6.8.1985 by the Financial Commissioner. However, it was stated therein that the revenue work of the petitioner was not up to the mark and his reputation was not good about honesty. The petitioner submitted this representation against the said report on 13th August, 1985 (Annexure P18). The representation of the petitioner was pending when he was compulsorily retired. It is alleged in the writ petition that the order of compulsory retirement was not justified by statutory rules and it could not be passed until the representation was decided by the competent authority. It is also pleaded that the order of compulsory retirement on the basis of the adverse report regarding integrity amounts to removal from service. It is further the stand of the petitioner that the report for the year 1984-85 is not based on facts; it is arbitrary the remarks having been given on non-existent material and, therefore, the reports are liable to be expunged.

(3.) The State has filed written statement through Sh. S.P. Bhatia, Joint Secretary, Revenue Department, Haryana Government, broadly justifying therein the order of compulsory retirement of the petitioner. It is stated that the representation was disposed of vide order Annexure 'A' to the written statement. The petitioner filed replication by means of C.M. No. 806/1987 controverting the allegations made in the written statement and reiterating the stand as given in the writ petition.