L P S TOMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution prays for quashing order dated 4.1.2005 (P -17) whereby the petitioner has been retired prematurely from service in public interest as per the provisions of Rule 3.26(d) of the Punjab Civil Service Rules, Volume -I, Part -I read with Rule 5.32 -A(c) of the Punjab Civil Service Rules, Volume -II (as applicable to Haryana) (for brevity, 'the Rules'). The aforementioned impugned order has been actuated on the basis of the recommendations, dated 16.7.2004, of the Officers' Committee constituted to review the cases of officers of the Haryana Civil Service (Executive Branch) for their retention in Government service beyond the age of 50 years. A further prayer has been made for directing the respondent State to allow the petitioner to continue working as such till attaining the age of superannuation.

(2.) FACTS of the case may be first noticed. The petitioner belongs to the 1980 Batch of the Haryana Civil Service (Executive Branch). It is claimed that he has held several important and sensitive assignments from time to time and his work and conduct has always been appreciated by his superiors on several occasions, details of which have been given in para Nos. 2 to 4 of the writ petition (P/1A to P/1K). It has been asserted that while the petitioner was posted as Managing Director of Bhuna Cooperative Sugar Mills, Hisar, with effect from 1.4.1993, he took some harsh steps against some erring officials of the mills who were creating hindrance in the smooth functioning of the mills due to their union activities. Due to this fact some anonymous complaints were made against the petitioner, however, the same were not proved as is evident from the letter dated 23.7.1994, inasmuch as, the allegations were inquired into by the Deputy Commissioner, Hisar -cum -Chairman of the Sugar Mills (P -3).

(3.) IN the ACR for the year 1993 -94, the competent authority recorded adverse remarks against the petitioner, which were duly conveyed to him vide communication dated 5.6.1996 (P -4) and reads as under: -