KULWANTBIR SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) The petitioner who joined the Punjab Roadways as a conductor was confirmed in December, 1971 and was thereafter promoted as an Inspector on August 3, 1982. His confidential reports for the years 1982-83 upto 1984-85 were 'average' whereas for the year 1985-86 amongst others his reputation for honesty was assessed as 'below average' and his 'over all' grading was also 'below average'. This adverse report is stated to have been conveyed to the petitioner vide registered letter No. 16741/E.A. 2 dated October 3, 1986 from the Divisional Manager, Transport Department, Punjab, Chandigarh. According to the case of the respondents, the petitioner filed no representation against the adverse entry in his confidential report.

(2.) The petitioner was to cross his efficiency bar w.e.f. 1.3.1987 but due to his average record ahd also in view of his adverse confidential report for the year 1985-86, he was not allowed to cross it and accordingly, a letter dated March 8, 1988, was issued giving him 15 days' notice to send his explanation, if any. The petitioner made a detailed representation but the same does not appear to have been accepted. He was, however, allowed to cross his efficiency bar w.e.f. March 1, 1988 and an order dated September 28, 1988 was passed in this record, While the petitioner was working as an Inspector and after he had attained the age of 50 years, the Divisional Manager, Transport Department, Punjab Chandigarh, in exercise of powers under Rule 3.1(a) of the Punjab Civil Services (Pre-mature Retirement) Rules, 1975, served upon the former a three months' notice of pre-mature retirement informing the petitioner that he would stand retired from service on the date of expiry of the notice. The petitioner has filed the present writ petition challenging this notice.

(3.) In support of the writ petition, counsel for the petitioner has advanced the following two contentions before me: