R.B.Misra, J. - (1.) In this petition prayer has been made to quash the order dated 30.04.2002 passed by the Executive Engineer, Electricity Distribution Division-Ist, (U.P. Power Corporation Limited, Budaun whereby in reference to U.P. State Electricity Board (Employees Service Retirement) Rules, 1975 as well as U.P. State Electricity Board (Employees Retirement) Regulation, 1975, as amended from time to time, the petitioner has been compulsorily retired.
(2.) According to the petitioner, his date of birth is 15.03.1945 and he initially joined the service on 04.04.1996 as a Town Incharge in the office of the Executive Engineer, Electricity Distribution Division, U.P. State Electricity Board, Badaun and was terminated on 31.12.1967. The termination order was adjudicated before different Courts including Industrial Tribunal, High Court and Supreme Court and the Supreme Court by its order dated 14.09.1983 passed in Civil Appeal No. 743 of 1981 (Hari Mohan Rastogi v. Labour Court and Ors.) allowed the petitioner in continuity of service with a direction for payment of arrears of salary. According to the petitioner, he has done satisfactory service and was never communicated any adverse remark or material against him and behind his back without any notice or show cause or opportunity of hearing the said order of compulsory retirement dated 30th April, 2002 was passed without recording any reason, more so, by way of punishment.
(3.) According Sri Hari Mohan Rastogi, the petitioner in-person, the Executive Engineer has neither considered any of the documents of the service record or any of the entries in the service book or any material, as to his believe According to petitioner even the uncommunicated entries and complaints can not be taken into consideration for the purpose of compulsory retirement. According to the petitioner, the decision of the Executive Engineer dated 30.04.2002 was passed without perusal of the documents pertaining to the petitioner, namely, the service record, character roll entries, complaints and the order dated 30.04.2002 is also not based on the analysis and comments of the screening committee as nothing has been mentioned therein.;