S.B. PANIHAR Vs. HARYANA VIDYUT PRASARAN NIGAM

JUDGEMENT

(1.) The petitioner, who was working as an Executive Engineer, was compulsorily retired from service by respondent vide order dated 17.12.1998, Annexure P -7, which is reproduced as below : -

(2.) Almost an identical order was passed on the same date by the respondents compulsorily retiring one Shri R.K. Panjetha, who was also working as an Executive Engineer. Shri R.K. Panjetha challenged the order of compulsory retirement in this Court. However, the writ petition was dismissed, Mr. Panjetha took the matter before the Apex Court and the Apex Court allowed the appeal of Mr. Panjetha and set aside the impugned order of compulsory retirement. Copy of the judgment in Panjetha's case has been appended by the Petitioner as Annexure P -30, which is dated April 25, 2000. The Apex Court after noticing the contents of the order of compulsory retirement passed against Mr. Panjetha, observed as under : -

(3.) In view of the aforesaid judgment of the Apex court, we allow the writ petition and quash the order dated 17.12.1998, Annexure P -7, of compulsorily retiring the petitioner, the same being stigmatic and on the face of it punitive in character.