KISHAN LAL GANCHHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This special appeal is directed against order dated 5.5.08 passed by the learned Single Judge of this court, whereby the writ petition preferred by the appellant assailing the validity of order retiring him compulsorily issued by the Executive Officer of the respondent Municipal Board, Pratapgarh (in short the Board hereinafter) in pursuance of the resolution adopted by the Board in its meeting held on 29.11.06 , stands dismissed.

(2.) The learned Single Judge has found that the order retiring the appellant compulsorily has been passed by the Board after due consideration of his entire service record. The learned Single Judge held that the resolution adopted by the Board retiring the appellant compulsorily is not based on extraneous consideration. The learned Single Judge further observed that the appellant is in habit of remaining under intoxication and for such employee decision to place him under compulsory retirement is quite lenient and therefore, the same is not required to be interfered with.

(3.) It is contended by the learned counsel for the appellant that before passing the order of compulsory retirement, the appellant was not given any opportunity of hearing and therefore, the major penalty imposed by the respondents without holding any disciplinary proceedings is bad in law.