DAYA NAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE Motion Bench referred this case to the Full Bench vide order dated March 7, 1994, as correctness of the view taken by the Division Bench in K.K. Vaid v. State of Haryana, 1990 (1) S.L.R. 1 was doubted.

(2.) DAYA Nand was appointed as a Patwari on January 6, 1961 in the Department of Urban Estate under the Land Acquisition Officer, Karnal. In 1966 he was sent to the Revenue Department. In that department he worked at different places. During his service tenure no adverse entry was recorded in his service record which was stated to be good throughout especially during the last ten years except that there was one or two 'average' reports. There was no entry regarding doubtful integrity or dishonesty of the petitioner ever recorded. On June 14, 1993 he crossed 55 years of age and was allowed to continue in service in view of the good record. It was a surprise to him when he received order Annexure P.1 dated July 13, 1993 pre -maturely retiring him from service in public interest. He submitted representation Annexure P.2. Having received no response he filed the present writ petition in September 1993 challenging order Annexure P.1.

(3.) RULE 3.26 (a) and (d) of the Punjab Civil Service Rules Volume I, as applicable in the State of Haryana reads as under: -