MOHAN LAL Vs. THE COLLECTOR, JALANDHAR

JUDGEMENT

(1.) Invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has filed this writ petition challenging the order dated 27.8.1985 under which he was pre- maturely retired from Govt. Service.

(2.) The petitioner was recruited as a Patwari in June, 1958. He was placed under suspension on 12.6.1979 and a charge sheet was served on him on 20.6.1983 on the ground that he absented himself from the duty without leave and for delaying the submission of the periodical statements and for not attending the meetings and on same other grounds. Pending departmental enquiry, he was reinstated. Thereafter Show Cause Notice dated 27.9.1984 was served on the petitioner on the basis of the enquiry report proposing the punishment of compulsory retirement. The petitioner submitted his reply on 17.10.1984. Without passing any order on the disciplinary proceedings initiated against him, the petitioner was made to retire compulsorily by the impugned order. The petitioner challenged the impugned order on the ground that when once the departmental proceedings were dropped the same cannot be made the basis to retire him compulsorily from service and no notice was issued to him and that there was no public interest involved and, therefore, the order of compulsory retirement is liable to be quashed.

(3.) The respondents contended inter alia in the written statement that the petitioner was made to retire compulsorily under the relevant rules. The petitioner joined the service on 3.6.1958 and he had put in 25 years of service and after considering his entire service record, it was found that it was not in the public interest to continue him in service, and therefore, the petitioner was made to retire compulsorily in the interest of public.