STATE OF PUNJAB Vs. DR. O.P. GOYAL

JUDGEMENT

(1.) By this appeal, the State of Punjab assailed the validity of the order dated March 20, 1989 of the learned Single Judge quashing the order impugned in the Writ Petition relating to the compulsory retirement of Dr. O.P. Goyal.

(2.) Dr .O P. Goyal joined the cadre of PCMS Class I in die year 1977. In his service career, the petitioner-respondent earned increments, crossed the efficiency bar and got promotion despite minor insignificant lapses here and there. On May 22, 1987, a three months notice retiring the petitioner from service on attaining the age of 55 years was served as in view of his service record and his performance in Government service, his retention in service was found to be in public interest in terms of Sec. 3.1(b) of the Punjab Civil Services (Premature Retirement) Rules, 1975.

(3.) The notice was challenged on various grounds and the learned Single Judge after examining the question whether there was relevant material to support the order of compulsory retirement, found that it was a case of misconstruing the facts and taking the decision in undue haste. The learned Judge after collating the facts and circumstances, observed that the order of compulsory retirement was the result of decent haste prompted by personal bias of some high-ups and the employee did not fall in die category of inefficient or corrupt officers who should be weeded out on their attaining the age of 55 years. Resultantly, the order of compulsory retirement was quashed.