N.L. Ganguly, J. - (1.) THIS petition under Article 226 of the Constitution has been filed by the Petitioner who was posted as Asstt. Traffic Inspector at Foundry Nagar Depot, U.P.S.R.T C. Agra Region, Agra. The impugned order is the order of compulsory retirement dated 21 -5 -1990. On the date of the order of compulsory retirement, Petitioner was about 51 years of age. The admitted position in the case is that the Petitioner was previously appointed as a Conductor on 18 -5 -1963 and was confirmed on the said post. Ho continued in the service of the Roadways and was given temporary promotion to the post of Asstt. Traffic Inspector vide order dated Ist April 1989. The impugned order of compulsory retirement was passed on 21 -5 -1999 just after one year and few days. The Respondent Corporation was served and they have filed a counter affidavit. Rejoinder affidavit to the same has also been filed.
(2.) THE undisputed fact is that prior to the date of promotion for about a decade, there was no adverse entry in the service record of the Petitioner. The only adverse entry in the service record of the Petitioner appeared in 1976 -77. Perhaps it was one of the grounds that Petitioner bad a clean service record that he was given temporary promotion to the post of Asstt. Traffic Inspector. The Court has directed the counsel for the Respondent to produce the service record of the Petitioner. Sri Rathor, Standing Counsel for the U.P. State Road Transport Corporation has produced the service record of the Petitioner. He pointed out one notice of adverse entry dated 7 -6 -1989. The said document bad been dated as 7 -6 -1989 after wards in the original record it has been forged to look as 7 -6 -1989. The said document appears to have been manufactured after the passing of the order impugned dated 21 -5 -1990 and for the purpose of making out a case to support the order of compulsory retirement in place of 90, 89 was put thereon. The registered cover in which the said notice was sent to the Petitioner's address Sargauna, Distt. Agra was returned as not served and it was thereafter sent to the correct address to the Petitioner at 38/77, Kidwai Park Road, Agra. But the endorsement of the Postman on the back of the envelope also shows that the endorsement are of 16th January 1990 and 26th January 1990. Thus, it was highly improper on the part of the Respondent to produce the record after making forged entry thereon.
(3.) THE learned Counsel for the Petitioner referred to Brij Mohan Singh v. State of Punjab : AIR 1987 SC 948, which clearly held that adverse entries prior to promotion cannot be taken into consideration while forming opinion to retire him prematurely. The adverse entries loose their significants after promotion of the employee. Thus, it is clear that prior to the promotion there was a solitary entry in the service record of 1976 -77. Thereafter, the Petitioner had unblemished clear service record till the date of promotion. The adverse entry attempted to be created after the compulsory retirement order is of no use and it has to be discarded. The purpose and object to retire the Government servants from service is not to take vengeance or subject to unnecessary humilation on account of the superiors malafide or for no just cause. It is only to remove the dead wood, dishonest, corrupt official and staff from the Government Service. In the present case, there is nothing on record nor anything has been brought to the notice of the court by the counter affidavit that the Petitioner was dishonest or at any stage bad entry which necessitated the Respondents to retire the Petitioner pre -maturely.;