LAWS(P&H)-1993-3-66

THE STATE OF PUNJAB Vs. GIAN SINGH

Decided On March 04, 1993
The State Of Punjab Appellant
V/S
GIAN SINGH Respondents

JUDGEMENT

(1.) The matter here concerns the premature retirement of the respondent S.I. Gian Singh in terms of Rule 3(1)(a) of the Punjab Civil Services (Premature Retirement) Rules, 1975 by an order passed on March 22, 1984 (Annexure P-2).

(2.) A reference to the material on record shows that the impugned order of premature retirement is founded upon the adverse remarks contained in the Annual Confidential Report of the respondent S.I. Gian Singh for the year 1983-84. Besides this, there is also mention of four occasions when he was censured during 1983-84. All this, of course, being prior to the recording of the Annual Confidential Report for 1983-84.

(3.) The significant aspect of the matter which deserves note is that the adverse remarks made against the respondent-Gian Singh were not conveyed to him till Sept., 1984 i.e. till about six months after the impugned order of premature retirement had been passed against him. In dealing with this matter, the learned single Judge rightly relied upon the judgement of the Supreme Court in Brij Mohan Singh Chopra Vs. State of Punjab, AIR 1987 SC 948, where it was observed,