MADANSINGH Vs. STATE

JUDGEMENT

(1.) This writ petition challenges the order dated 2.2.1983 passed by the Settlement Commissioner, Rajasthan, Jaipur by which the petitioner was terminated under Rule 244(2) of Rajasthan Services Rules. The order passed against the petitioner is quoted below:

(2.) The petitioner has challenged the said order that as the adverse entries of confidential roll were not communicated to him for the years 1978-79, 1979-80, 1980-81 and 1981-82, the compulsory retirement was invalid. Earlier also he had been retired compulsorily by order dated 8.10.1975 but subsequently the same was withdrawn on 4.5.1977 after cessation of the Emergency in the year 1977.

(3.) The challenge of the aforesaid order was that the adverse entries had since not been communicated to the petitioner as required by the principles of natural justice, the retirement order was invalid. He further challenged the order of compulsory retirement on merits by asserting that the adverse entries were factually wrong and that he was entitled to be reinstated as well, as to get promotions.