- (1.) The singular question that arises for consideration in this appeal is whether the order passed by the Punjab State Power Corporation Ltd. [erstwhile, the Punjab State Electricity Board (PSEB)], the first appellant herein, compulsorily retiring the respondent on attaining the age of 55 years is in accordance with Punjab State Electricity Board Service (Premature Retirement) Regulation 1982 (for short "the Regulation") is sustainable in law or is it vulnerable being ex facie stigmatic.
(2.) The factual score as depicted is that the respondent joined the services of the PSEB as a lineman on 6.2.1969. He was promoted to the post of Junior Engineer on 4.12.1973 and while holding the post of Junior Engineer in a disciplinary proceeding he was censured on 29.2.1988. In the year 1992 another disciplinary proceeding was initiated against him and he was visited with the punishment of stoppage of two annual increments without cumulative effect under Regulation 5(4) of Punjab State Electricity Board (Punishment & Appeal) Regulation, 1971. He was also visited with stoppage of two increments with cumulative effect on 5.8.1993 in another disciplinary proceeding.
(3.) As the factual matrix would unroll the respondent attained the age of 55 years on 19.4.2003, his date of birth being 20.04.1948. A High Empowered Integrity Committee (HEIC) was set up for screening the case of respondent for his retention in service beyond the age of 55 years. As per the regulations his case was considered by HEIC on 17.02.2004 and the committee after taking note of entire service record, the disciplinary proceedings initiated against him and the punishment imposed, his inefficiency in service and the confidential reports from 1992-2003, recommended his case for premature retirement and accordingly an order dated 19.02.2004 was passed by the Chief Engineer.;