KAPOOR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution of India, prayer made by the petitioner is for issuance of Writ in the nature of Certiorari, quashing order dated 28. 2. 1997 (Annexure P-10) whereby the petitioner has been retired compulsorily from service.

(2.) PETITIONER joined as Transport Officer on adhoc basis on 27. 10. 1980 and his service were regularised w. e. f. 1. 11. 1986. The date of birth of the petitioner is 9. 8. 1941 and he would have attained the age of 58 years (age of superannuation from service) on 31. 8. 1999, but by order dated 28. 2. 1997, petitioner has been compulsorily retired from service.

(3.) NOTICE of the petition was issued to the respondents. Written statement has been filed by. Additional Director (Admn.) on behalf of respondents 1 and 2. Respondents have submitted that petitioner was conveyed the adverse remarks recorded in his annual confidential reports for the year 1990-91, 1994-95 and 1995-96. He made representation against the adverse remarks given in annual confidential report for the year 1995-95 which was considered by the competent Authority and rejected. Ms. Ritu Bahri, A. A. G. , Haryana, appearing for the respondents, from the record has admitted that the adverse remarks recorded in the annual confidential report for the year 1990-91 were conveyed to the petitioner in September, 1996. It has been submitted by the respondents that the petitioner did not make any representation against the remarks conveyed to him with regard to ACR for the year 1990-91 in which his integrity has been doubted. It has thus, been stated that order dated 28. 2. 1997, Annexure P-10, is quite just, Jegal and not arbitrary.