MAHMOOD KHAN Vs. COLLECTOR, GURGAON

JUDGEMENT

(1.) The petitioner, who is a Patwari, was working as such in village Sehsola, Tehsil Nuh, District Gurgaon (Haryana) and on attaining the age of 55 years, he was prematurely retired by the Government by giving him three months' notice vide order dated 10th November, 1989, (Annexure P-1 to this Petition). The petitioner impugns the said order mainly on the grounds that during his whole service career he had never been charge-sheeted, no enquiry of any kind ins pending against him and petitioner had never been conveyed any adverse confidential report.

(2.) Written statement has been filed on behalf of the respondent, wherein the above assertions regarding the service record of the petitioner have been denied. It has averred that in fact there was an enquiry against the petitioner on the basis of charge-sheet, copy of which has been attached as Annexure R-2 with the written statement and it was as a result of that enquiry that an adverse entry was made in the character roll of the petitioner for the year 1981-82 which when translated into English reads "Reputation for honesty is not good". It has been further averred the Annual Confidential Report for the year 1985-86 was average which was communicated to the petitioner on 23rd June, 1986. Similarly, for the year 1986-87, the over-all assessment was average and as far as honesty was concerned it was also recorded as average. Same is the position regarding the A.C.R. for the year 1988-89. The last two A.C.Rs. were duly conveyed to the petitioner vide communication dated 6th October, 1987 and 16th August, 1989, respectively. (This factual position has been taken from Annexure R-6 with the written statement). It has been further mentioned in the written statement that no representation was made against these adverse remarks.

(3.) To appreciate the contentions of the learned counsel for the petitioner, it would be appropriate to reproduce the extract of the character roll of the petitioner for the last 10 years before passing the impugned order :- <FRM>JUDGEMENT_110_LAWS(P&H)11_1990.html</FRM>