BHAGWAN DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Bhagwan Dass, petitioner is a Sub -Inspector in the Haryana Police. By virtue of the present writ petition filed under Articles 226/227 of the Constitution of India, the petitioner seeks quashing of the order dated 23.8.1999 by virtue of which he has been retired compulsorily and further to direct the respondents to allow the petitioner to continue till the age of superannuation.

(2.) The facts alleged are that the petitioner had joined the police department on 15.5.1983. He earned his due promotions. He was entitled to by brought on list 'D' for further promotion of Sub -Inspector w.e.f. 11.12.1989. In this regard, his representations were rejected. The petitioner filed a Civil Writ Petition No. 12331 of 1998 seeking promotion as Sub -Inspector. When notice of motion was issued by this Court, the respondents promoted the petitioner as Sub -Inspector on 10.12.1998 with effect from 1991. The grievance of the petitioner is that within a short span of 10 months he had been served with three months notice for retiring him compulsorily at the age of 55 years and three months.

(3.) It is contended that the order retiring him compulsorily is illegal because before issuing such an order, now show cause notice or opportunity of being heard had been given to the petitioner. He further asserted that once He has been promoted, the earlier confidential reports which are adverse would be washed away and cannot be taken into consideration. Lastly, according to the petitioner, he could only be retired by the Director General of Police with the previous approval of the State Government and that has not been done and, therefore, the order is illegal. Hence, the present petition.