- (1.) Respondent No. 1 was the Accounts Officer in U. P. State Road Transport Corporation (for short 'Corporation'). He was compulsorily retired from service by order dated 22nd February, 1980 passed under Rule 56 (C) of the Financial Handbook by the Managing Director of the Corporation.
(2.) Before the order of compulsory retirement was passed, the work and conduct of the respondent was assessed by the screening committee consisting of the Managing Director, the Joint Managing Director and the Chief Accounts Officer of the Corporation, who reported as under: "5. Shri P. N. Tandon, Audit Officer: He has completed the age of 50 years as on 30-5-1989. He shall complete the age of 55 and 58 years as on 30-5-1994 and 30-5-1997 respectively. The entries in his confidential record during the years 1979-80 to 1985-86 as well as in the year 1987-88 are the satis-factory\good\average class, but the entries of the years 1986-87 and 1988-89 are not available. This entry has been made vide the order dated 30-9-1989 that he had inspected Moradabad Depot only once during the period of six months. He could not detect the misappropriation of money by Shri Satish Kumar, Conductor for long period during such inspection. The accounts record of the Depot was not examined carefully. Moreover, adverse entries have been made during the period 1961-62 and 1962-63. Shri Tandon's eye sight is not working and he has become blind. He got himself treated in Shankar Netralaya (Eye Hospital) Madras, but no improvement could be made. Medical Board also found him blind. He could not do any work of accounts or audit due to blindness. Therefore, in such circumstances it shall not be possible for him to do accounts work. Therefore, in such circumstances, the Committee recommended that as Shri Tandon is blind and as he is not capable of doing any work, therefore, there is no justification to continue him in the service. The Committee has recommended to compulsorily retire him."
(3.) The High Court, which was approached by the respondent by means of a writ petition, quashed the order of compulsory retirement and issued a mandamus directing the Corporation to allow the respondent to continue on the post of Audit Officer (Accounts Officer Grade-I) and to provide him all the service benefits including promotion etc. till the date of his normal superannuation.;