NIROTAM PARSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of two writ petitions, i.e., CWP CWPs No.13678 of 2011 & 22042 of 2012 No.13678 of 2011 and CWP No.22042 of 2012 as the disputes are between the same parties and can be decided by one order which for convenience is broken into two parts.

(2.) The date of birth of the petitioner is 19.4.1956 and in the normal course he would have retired from service on 30.4.2014. He completed the age of 55 years on 9.4.2011. First CWP No.13678 of 2011 was filed to lay challenge to the notice of compulsory retirement issued on 7.5.2011 which informs the petitioner that on the expiry of three months statutory period, the petitioner would stand retired from Government service. This notice was issued at the stage of review at the age of 55 years for retention in service. Notice of motion was issued on 1.8.2011 together with notice regarding stay. However, no stay was granted and by virtue of the notice the petitioner stands retired with effect from 1.8.2011 subject, however, to the final outcome of this writ petition.

(3.) The second CWP No.22042 of 2012 has been filed by the petitioner to impugn the order dated 2.5.2011 communicated a few days before the issuance of notice of compulsory retirement whereby the major punishment of stoppage of two annual grade increments with permanent effect was inflicted upon the petitioner after inquiry into the misconduct alleged. His appeal against the penalty order was rejected on 5.7.2011 and the revision remained unsuccessful on 21.10.2011 before the Director General of Police, Haryana, Panchkula.