J S SANGHERA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who was working as Superintending Engineer in the Irrigation Department in the State of Punjab, challenges the order dated May 18, 1990 of the Secretary to Government Punjab, Department of Irrigation and Power by which he was prematurely retired under Rule 3(1) of the Punjab Civil Services (Premature Retirement) Rules, 1975 with immediate effect by paying him three months pay and allowances in lieu of the notice. The facts giving rise to the present petition are :-

(2.) The petitioner after graduating in Civil Engineering in April, 1960 joined as an Assistant Engineer in the P.W.D. (Irrigation Branch), Punjab, in January 1961, after having been selected by the Punjab Public Service Commission. He was promoted as Executive Engineer in July, 1973 and further as Superintending Engineer in May, 1988. The petitioner took over charge of the Ferozepur Canal Circle, Ferozepur on May 30, 1988. In September 1988 the intense rains and unprecedented floods brought misery in the State of Punjab resulting in loss of human lives, cattle, ruination of crops and accumulation of intensive silt in the fields. Floods also played havoc with the irrigation system. There was damage to embankments. Numerous breaches occurred which necessitated relief cuts to be made in the canal banks to drain off the flood water. The assessment of extensive damage was done by various State/Central level teams. According to the petitioner in the Ferozepur Canal Circle alone 500 Km. length of channels was badly damaged, thereby disrupting the entire canal system of the circle. The Rajasthan Feeder and Bikaner Canal all along suffered extensive damage. It has been further averred, that to carry out the heavy repairs, in a record time, no stone was left unturned and if this was not done the water supply in the irrigation channels would not have been resumed and sowing of rabi crops would not have been possible.

(3.) For the year 1988-89 for petitioner was conveyed the following Annual Confidential Remarks :-