STATE OF PUNJAB AND ANOTHER Vs. SARUP SINGH

JUDGEMENT

(1.) This defendants' appeal seeks to challenge the judgment and decree dated 20th October, 1983 passed by the Additional District Judge, Patiala, reversing the judgment and decree of the Senior Subordinate Judge, Patiala dated 3.3.1982.

(2.) Sarup Singh, who working as an officiating C Class Tehsildar, had filed a suit for declaration challenging the validity of an order passed on 9.9.1975 by the Financial Commissioner, Revenue, Punjab, Chandigarh, (hereinafter referred to as "the FCR") effecting his premature retirement from 30th of September, 1975, as illegal, null, void, arbitrary, malafide and without jurisdiction. According to him, he had joined the Revenue department as a Naib Tehsildar candidate in the year 1947 and on completion of training was confirmed against the said post on 9.9.1948. After considering his service as satisfactory, he was promoted as a Tehsildar, Municipal Committee, Jalandhar by the Commissioner, Jalandhar Division on 9.9.1969. He worked satisfactorily as Tehsildar at different stations until 9.9.1975, when the impugned order was passed by the FCR ordering his premature retirement in public interest in pursuance of Rule 3(1)(a) of the Punjab Civil Services (Pre-mature Retirement) Rules, 1975 (hereinafter referred to as "the Rules"). The representation submitted by the plaintiff on 26.9.1975 was rejected vide order dated 26.11.1976. This order was conveyed to him vide letter dated 24.5.1977. Thereupon, he made another representation dated 5.7.1977 to the Revenue Minister and sent a reminder on 22.3.1978. The plaintiff asserted that he had worked at various stations in the revenue department and there was no complaint against his integrity. A false case, however, was registered against him vide F.I.R. No. 545 dated 20th of April, 1971 under Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as "the 1947 Act"), in Police Station, Jalandhar at the instance of local politicians. He was tried and acquitted by the Special Judge, Jalandhar, on 21.8.1972. He was then reinstated and posted as Tehsildar. He had filed a suit for recovery of Rs. 30,000/-, as damages against the Chief Secretary and others for malicious prosecution, which was decreed on 20.8.1979 against Gulzar Singh complainant with costs. Consequently, he assailed the order of his pre-mature retirement as politically motivated, illegal and based on false prestige.

(3.) The State of Punjab and District Collector, Patiala contested the suit. In the written statement, it was admitted that the petitioner joined as a Tehsildar, as alleged and that the impugned order had been passed after thorough consideration with the result that the plaintiff was retired in public interest on the basis of his over all unsatisfactory record under the provisions of the Rules. In support of this averment, the adverse remarks awarded to the plaintiff during the years 1957-58 to 1970-71 and four minor punishments awarded in the years 1960, 1961, 1966 and 1969 were appended as Ex.DA with the written statement.