SYED MUBARAK ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner was compulsorily retired under Rule 244(2) of the Rajasthan Service Rules, 1951 vide order dated Jan. 31, 1986 of the Municipal Council, Tonk. Review Petition submitted by the petitioner before the State Government was dismissed on Feb. 6, 1988. This writ petition involves a challenge to the aforesaid order.

(2.) The petitioner had entered the service of the then Municipal Board, Tonk as Nakedar on Jan. 1, 1950. He was promoted as Lower Division Clerk in 1952 and then as House Tax Inspector in the year 1977. According to the petitioner his work had been adversely commented upon. During the period of his service neither he was punished for any delinquency nor was conveyed with any adverse remarks. There was no material against the petitioner on the basis of which any opinion could possibly be formed that he was not fit to be retained in public service or that he had outlived his utility. The order of retirement had been passed on the basis of some anonymous complaints. The order of retirement is arbitrary and is not justified under Rule 244(2) of the RSR. The review committee also did not properly peruse the service record of the petitioner.

(3.) In the written statement main contention of the respondent Municipal Council is that decision was taken to retire the petitioner on the basis of opinion of the Revenue Inspector according to which the petitioner had been instrumental in theft of octroi in the year 1985. The petitioner submitted rejoinder to the reply.