O.P.SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY way of instant writ petition, the petitioner has impugned order of the Govt. of Rajasthan dt. 9.11.2000 whereby in pursuance of Rule 53(1) of Raj. Civil Service Pension Rules, 1996 (Rules 1996) he was compulsorily retired on recommendation of the High Court.

(2.) THE facts that culled out are that the petitioner was initially selected in Rajasthan Judicial Service and appointed as Munsif Cum Judicial Magistrate vide order dt. 29.8.1974. He was promoted to the Higher Judicial Service and posted as Additional District and Sessions Judge vide order dt.16.5.1990 under R.22 of Rajasthan Higher Judicial Service Rules, 1969 (Rules 1969) and was made substantive in the cadre of RHJS vide order dt.25.6.1999.

(3.) THE main thrust of counsel for the petitioner is that in the ACR of 1991 he was initially assessed as below average officer but on his representation, the word 'below ' was deleted but still the Committee considered the ACR of 1991 which was originally indicating his work performance as below average and that has prejudiced the mind of the Committee and further submits that his disposal of work remain good and consistent and in these facts and circumstances the subjective satisfaction of the committee arrived on the basis of service record for compulsory retirement is not based on valid material and such decision of becoming liability to the judicial service have no factual foundation and deserves to be quashed being an arbitrary exercise of power of the authority.