S. C. Agrawal, J. - (1.) This appeal is directed against judgment of the Orissa Administrative Tribunal (hereinafter referred to as 'the Tribunal') dated September 28, 1987 in O. A. No. 44 of 1986 filed by the appellant assailing the order dated March 5, 1986 regarding his premature retirement from service.
(2.) The appellant joined service as an Assistant Engineer in the Irrigation Department of the Government of Orissa on April 1, 1956. He was promoted as Executive Engineer on ad hoc basis on March 2, 1962 and in 1963 his promotion on the post of Executive Engineer was regularised after obtaining the concurrence of the Orissa Public Service Commission. On May 21, 1978 he was promoted as Superintending Engineer on ad hoc basis and the said promotion was regularised in 1979 in consultation with the Orissa Public Service Commission. On November 30, 1984 the appellant was promoted as Chief Engineer (Irrigation) on ad hoc basis and the said promotion was regularised on the recommendation of the Orissa Public Service Commission on August 23, 1985. By order dated March 5, 1986 the appellant was compulsorily retired from service. The order of compulsory retirement of the appellant was passed in exercise of the powers conferred by the first proviso to Rule 71 (a) of the Orissa Service Code which empowers the State Government to compulsorily retire a Government servant after his attaining the age of 50 years or his completion of 25 years service if the State Government is of the opinion that his further retention in service was not in public interest. In the petition filed before the Tribunal the appellant has submitted that there was no material before the State Government to form the requisite opinion for his compulsory retirement from service. The said contention has not been accepted by the Tribunal.
(3.) The order of compulsory retirement of the appellant was passed on the basis of the recommendations made by the Review Committee duly constituted for that purpose. The said Review Committee in its meeting held on February 15, 1986 reviewed the service record of five officers, including the appellant, who had completed 50 years of age and it recommended premature retirement of the appellant. From the proceedings of the said meeting of the Review Committee (a copy of which has been placed before us by the learned Advocate General appearing for the State of Orissa) we find that the recommendations of the Review Committee are based on following circumstances:- (1) There were adverse entries in annual confidential reports of the appellant for the years 1975-76 and 1977-78. (2) A vigilance case has been registered by the Vigilance Department against the appellant for possession of properties disproportionate to his known sources of income. (3) The appellant has also been asked to explain the allegation of corruption during his incumbency as Executive Engineer, Balimela Dam Project. (4) Charges have been framed against him for committing irregularities in splitting up the work during his incumbency as Superintending Engineer, Central Irrigation Circle. (5) His explanation has also been asked for placing orders with a firm in Calcutta for supply of 20 tarpaulins at a cost of Rs.37,759.66 paise without following the codal formalities and without proper tender enquiries for ascertaining the lowest available rate during his incumbency as Superintending Engineer, Central Irrigation Circle. (6) Proceedings have also been started against him for taking up work of improvement at Kaushalayagang Fishery farm at an estimated cost of Rs.4,22,565/-and for splitting up the contract into two to bring this within the financial limit of his power without obtaining the approval of the Chief Engineer for splitting up the work and thus violating the provisions of the Orissa P.W.D. Code. The matter being referred to the Administrative Tribunal for enquiry by the G.A. (Vigilance) Department, the Administrative Tribunal recommended to demote the appellant to the rank of Executive Engineer but the Government after careful consideration had decided to reduce his three increments. (7) He was asked to explain the charge that as Superintending Engineer, Central Irrigation Circle in the year 1981, he committed irregularities in the matter of disposal of 50 m.t. of scrap steel. He submitted his explanation and the matter is pending further enquiry. ;