MANI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition has been filed against the notice (Annexure P-13) issued for retirement of the petitioner w.e.f. 7.9.1989 on attaining the age of 55 years.

(2.) After having served the Indian Army between 9.6.1953 and 13.7.1956, the petitioner was discharged on medical ground. Thereafter, he was appointed as Constable in the Punjab Police on 25.11.1956. With the bifurcation of the State of Punjab and the creation of the new State of Haryana the petitioner was allocated to the service of the State of Haryana. He was promoted as Head Constable on 10.12.1969 and was confirmed as such on 20.6.1980. He was further promoted as Assistant Sub Inspector of Police on 5.9.1984. Lastly he was promoted as Sub Inspector on 2.8.1986. After his attaining the age of 55 years, case of the petitioner was considered for further continuance of service. As a result of evaluation of the record of the petitioner, the competent authority formed an opinion that the petitioner was not fit to be retained in service beyond 55 years of age. This has led to the issue of notice (Annexure P-13) dated 8.6.1989 by the Commandant, 3rd Battalion, HAP, Hisar.

(3.) The petitioner has challenged the impugned notice on two grounds. His first plea is that the impugned notice has not been issued by the competent authority on its own but the said authority has acted under the dictates of his superior authority, i.e. Deputy Inspector General of Police. Second plea of the petitioner is that his record of service was not such which could enable the competent authority to form an opinion that he has outlived his utility.