RAJENDRA KUMAR SHARMA v. DISTRICT MAGISTRATE, HARIDWAR
2013-11-21
ALOK SINGH
body2013
DigiLaw.ai
JUDGMENT Hon’ble Alok Singh, J. (Oral). Rejoinder affidavit filed in Court today is accepted on record. 2. Present petition was filed in the year 2006 assailing the notice/order dated 1.2.2006 informing the petitioner that he would stand compulsorily retired on expiry of three months from the date of service of the impugned notice/order. 3. There is no dispute to the settled position of law that ordinarily compulsory retirement is not a stigma, however, if same is passed as a punishment then delinquent employee should be subjected to disciplinary proceeding. 4. As per the last ten years’ entries of the service record of the petitioner, no adverse entry was ever recorded right from the year 1996 to 2003-2004 and one adverse entry was given in the year 2004-05 only. 5. Undisputedly, petitioner made a representation against the adverse entry awarded in 2004-05, however, decision taken thereon has not been communicated to the petitioner as yet. However, on the basis of the recommendation made by the Screening Committee on 27.1.2006 to the effect that petitioner remained absent unauthorizedly and is habitual of violating the orders of the superior officers and guilty of insubordination, present impugned notice/order was passed. 6. In the considered opinion of this Court, for unauthorized absence or insubordination, charges should have been framed and petitioner should have been subjected to disciplinary proceeding and same ought not to have been made ground for compulsory retirement, more particularly, in view of the fact that against one adverse entry of the year 2004-05 representation was filed and no decision was taken thereon. 7. This Court vide order dated 12.5.2006 was pleased to stay the operation and effect of the impugned order dated 1.2.2006, therefore, petitioner is still working on the post of Lekhpal. 8. Consequently, writ petition succeeds and is hereby allowed. Impugned notice/order dated 1.2.2006, Annexure No. 2 to the writ petition, is hereby quashed.