S.C.Mathur, J. - (1.) This petition is directed against order of premature retirement at the age of 53 years. The petitioner was holding the post of Executive Engineer in the Public Works Department.
(2.) The order of premature retirement has been challenged on the following three grounds (i) Adverse entries were communicated to the petitioner with considerable delay 1. (ii) representations of the petitioner were pending against several entries when decision to retire him prematurely was taken ; and (iii) the domestic enquiry was pending against the petitioner and, therefore, the order of retirement is by way of punishment.
(3.) In the counter-affidavit filed on behalf of the opposite parties it has not been disputed that the petitioner had preferred representations against several entries and that some of them were pending also. However, it has been stated that such entries against which representations were pending have not been taken into consideration while taking the decision of premature retirement. It is denied that there was inordinate delay in communication of adverse entries. Pendency of the domestic enquiry at the time of premature retirement is not in dispute.;