Pradeep Kant,Ikramul Bari, JJ. - (1.) The petitioner was initially appointed as Junior Engineer (Civil), then known as Overseer, in the Irrigation Department, Government of Uttar Pradesh and his appointment was approved by the Public Service Commission in the year 1960 and after passing requisite examination conducted by the Associated Membership of the Institute of Engineers India he became eligible for promotion on the post of Assistant Engineer (Civil) in April 1979. However, approval could not be granted or communicated as during the meantime the petitioner was subjected to a charge sheet in July 1979. For the purpose of present writ petition, the petitioner has challenged his order of compulsory retirement dated 31.10.1981 (Annexure-4).
(2.) The material which has been relied upon for compulsorily retiring the petitioner has been indicated in paragraph 14 of the counter affidavit. In paragraph 14 of the counter affidavit it has been stated that the petitioner was compulsorily retired on the basis of over all assessment of record of last ten years. The adverse material which was allegedly against the petitioner was the adverse entry for the period 1979-80 which was communicated to the petitioner but no representation was received against the said entry by the department. The censure entry for the year 1986-87 which was awarded after detailed departmental enquiry was also the basis of compulsory retirement of the petitioner. The other adverse material was stoppage of increments and non-certifying of the integrity for the year 1978-79 on the basis of departmental enquiry. Thus the material which was relied upon by the Screening Committee at the time of compulsory retirement of the petitioner was the adverse entry for the year 1979-80 and secondly the censure entry for the year 1986-87 which was awarded after detailed departmental enquiry and stoppage of increment as also non-certifying the integrity for the year 1978-79 and that too on the basis of the same departmental enquiry.
(3.) The State has not brought on record any other material which could be taken as adverse and neither has stated anywhere that the entries of the subsequent years were adverse and were not good. Apart from the aforesaid adverse entry for the year 1978-79 and the censure entry for 1986-87, which is said to be the basis of passing the order of compulsory retirement, the entry for the period 1979-80 has been brought on record and is annexed as Annexure-CA 1 to the counter affidavit. This adverse entry relates to the period 1.4.1979 to 2.8.1979, 4.5.1979 to 31.3.80. The charge sheet which was issued to the petitioner related to the period 16th September, 1977 to 2nd August 1979. It is not the case of the opposite parties that for the period 1979-80 the integrity of the petitioner was not certified.;